Real Estate

Dallas Real Estate Attorneys

Aggressive Litigation Services in Texas

Real estate attorney speaking with client in Dallas, TexasReal estate transactions can be rife with complications and disputes that require litigation to resolve. When you are looking to facilitate a transaction, you may encounter clouded titles, contractor negligence, breaches of warranty, and more. Hiring a professional and capable law firm can help you overcome these obstacles and protect your interests.

The Dallas real estate attorneys at Roquemore Skierski PLLC have over two decades of experience and can assist you with all types of conflicts. We can leverage our litigation acumen and extensive resources to deliverable a swift and favorable resolution in your case.

Our firm can be reached 24/7 and is ready to assist you with your real estate transaction. Contact us online or call (972) 564-8860 to discuss your situation today.

Title Clouds and Curative Work

All parties involved in a real estate deal want the transaction to be completed as smoothly and quickly as possible. Discovering clouds on a title can jeopardize a clean transfer of property.

A “cloud” on a title is any legal claim, lien, or document that muddies the waters of a property’s title record. A “clean title” has no encumbrances, meaning there is no dispute over who maintains legal ownership of the property or has the right to collect on its value. The presence of any cloud reduces the value of the affected property and, depending on the severity of the circumstances, can even result in a deal falling apart.

Our firm can assist you with curative work, which “cures” defects in a property’s title records. This process can resolve title clouds and protect the interests of all parties in a real estate transaction. In some situations, curative work can be relatively straightforward and involve fixing ambiguities and omissions. In other cases, litigation may be required.

Our real estate attorneys in Dallas can assist you with addressing numerous types of title clouds, including:

  • Adverse Possession. In the state of Texas, an individual that inadvertently trespasses on a portion of someone else’s property can eventually claim legal ownership of the property through “adverse possession.” If the trespasser has an inaccurate deed and pays taxes on the impacted area, they can claim ownership after 5 years of continuous possession. Without these elements, a trespasser can still claim property after 10 years of continuous possession. Adverse possession can threaten the actual landowner’s ability to efficiently sell or transfer their property. These types of claims typically will need to be litigated in court, and our firm can represent you in these matters.
  • Mechanics or Construction Liens. Contractors and construction firms can place liens on a property if the owner fails to pay them for work completed. These liens encumber the property and give the impacted parties a legal claim to seek unpaid compensation in the event of a sale. In other words, a construction firm may demand they be paid before a transfer of property is completed. The presence of these liens can dramatically reduce a property’s value and threaten a smooth transaction. We can assist you with addressing, enforcing, and resolving these liens.
  • Encroachments or Easements. Easements refer to scenarios where a property owner gives a non-property owner written permission to use some element of their land for some specific purpose. Because easements are documented, they can cloud a title, as they often remain valid when the property is transferred. Encroachments are non-authorized uses of someone else’s land, and depending on the situation, continuous use can eventually result in adverse possession. Our firm can assist you with navigating easements in real estate transactions and can explore litigation and other legal remedies when faced with encroachments.
  • Boundary Disputes. Inaccurate deeds can result in protracted boundary disputes between adjacent neighbors. Efficiently resolving these disputes is important, as unauthorized use of another party’s land can represent an encroachment that can eventually become a matter of adverse possession. Any property with a boundary dispute will also be more difficult to sell or transfer. We can assist you with litigating all types of boundary disputes.
  • Unreleased Deeds of Trust. Even if a property owner has paid off all loans associated with a Deed of Trust, a municipality’s records office may not immediately release the corresponding lien. This constates a cloud and can jeopardize a clean real estate transaction, so it is important that a Deed of Trust be released before proceeding. We can assist with quickly resolving these types of clerical problems.

When you are ready to close a real estate deal, you will engage with a title company that works to confirm the property has a clean title and can be safely transferred to you, the buyer. It is the title company’s responsibility to identify any clouds.

While Texas does not require real estate purchasers or borrowers to purchase title insurance, many lenders and sellers will require a policy as a term of the transaction. Title insurance backs up the title company’s verification efforts and offers financial protection if a third party later appears and claims they have some legal stake in the property. Our firm can assist title companies with liabilities issues that can arise in these scenarios.

Contact our Dallas real estate attorneys online or at (972) 564-8860 for a free case evaluation today.

Heirship Affidavits

When someone passes away in the state of Texas, their assets pass to the deceased’s direct descendants – or heirs – unless a property validated last will and testament is accepted in probate. An affidavit of heirship confirms the names of an individual’s direct heirs and can be used to facilitate the transfer of property if no valid will exists.

For purposes of real estate, an heirship affidavit can allow a deceased person’s descendants to complete the chain of title and cleanly take legal ownership of one or more properties. The document confirms the direct relationship between the heir and the deceased and gives that heir a legal claim to the property. If the deceased validated a will, an heirship affidavit can still potentially be used to facilitate the transfer of property outside of probate if the will exclusively leaves property to direct descendants. Our firm can help you navigate issues of heirship affidavits and resolve any disputes.

Breaches of Warranty and Failures to Disclose

Any seller of real estate has a legal obligation to act honestly and in good faith when negotiating a real estate transaction. Sellers that fail to make certain disclosures or fraudulently sell property that is not theirs can be subject to legal action.

In real estate, a breach of warranty refers to any situation where a transaction fails due to the seller’s not legitimately owning some or all of the property. This can occur when a seller claims to own the property when in fact the property is owned by a third party. Breaches can also occur if encroachments or matters of adverse possession encumber a portion or the entirety of a property.

When a breach of warranty occurs, the seller is legally required to compensate the buyer for the price originally paid plus interest. We routinely represent buyers who have been inconvenienced by a breach of warranty and can work to secure the maximum reimbursement you are owed.

The Texas Property Code requires sellers to advise buyers on known defects and past issues with a property. This can include infestations, roof damage, plumbing issues, boundary disputes, or any other unfavorable element that might impact a buyer’s decision to purchase a property. If you discover a major undisclosed defect soon after completing a real estate transaction, you may be able to rescind the transaction.

If you wish to stay in a defective property, you may be able to pursue legal action against a seller for failing to disclose one or more significant defects. Depending on the circumstances, you may be able to recover monetary and punitive damages. We are familiar with this type of litigation and can advocate for your interests in and out of the courtroom.

How Can A Real Estate Attorney In Dallas Help You?

Hiring a real estate attorney can offer you a number of great benefits. Although our real estate lawyers in Dallas have worked with many individuals needing help for a variety of real estate matters, we understand that each situation is unique, and make sure to treat each client's case with the distinctive attention that it requires.

Some ways that a real estate attorney can help you include the following:

  • Effectively negotiating on your behalf
  • Providing you with important legal counseling
  • Offering you emotional support
  • Saving you time and money
  • Drafting and reviewing contracts (including sales, disclosures, appraisals, home inspection reports, and HOA documents)
  • Helping you prevent costly mistakes
  • Correctly execute lien and title searches
  • Handling paperwork and ensuring that everything is filed correctly and promptly
  • Efficiently prepare closing documents

Contact us to schedule a free consultation with one of our experienced real estate attorneys in Dallas, and to learn more about what we can do to help you.

For a free case evaluation, contact our team of Dallas real estate lawyers at (972) 564-8860 or online today!

Contractor Negligence and Builder Litigation

When you hire a construction team to build your new home or conduct extensive renovations on an existing property, you expect a reasonably professional level of conduct and workmanship. You have legal rights when a construction firm delivers a shoddy or unsafe final product. Our real estate attorneys in Dallas have experience litigating all types of construction disputes and can work to aggressively protect your interests.

If you are experiencing any type of conflict involving a real estate purchase or sale, do not hesitate to reach out to Roquemore Skierski PLLC. Schedule a free initial consultation by calling (972) 564-8860 or contacting us online.

Contact the Firm Today!

Roquemore Skierski PLLC is ready to assist you. We are available 24/7