In Maryland, real estate contract breaches are as delicate as they are complex. If you find yourself involved in one, you will need a Maryland real estate attorney to guide and represent you.
Learn more about contract breaches in Maryland and how a Maryland real estate attorney can help you navigate the real estate litigation process with confidence.
Different Types of Contract Breaches in Real Estate
According to MD § 22-701, a breach of contract occurs when a party fails to perform an obligation outlined in a contractual agreement. The failure can be in the form of failing to fulfill contractual obligations on time, repudiating a contract, or exceeding the use terms outlined in a contract (as in a renter-tenant agreement).
Understanding the types of breaches is crucial in assessing the gravity of the situation. Here are some common examples of real estate contract breaches.
Non-Payment
When a buyer fails to make agreed-upon payments, like a down payment or regular installments, it is a breach of contract. Sellers require these payments to complete transactions.
Missed Deadlines
Parties often have specific timeframes for various milestones in the real estate transaction process. Delays in meeting deadlines — like a closing date — constitute contract breaches.
Violation of Special Clauses
Contracts may include special clauses or contingencies that both parties must adhere to. Violating these clauses can trigger a breach.
Developer Breaches
Developers may breach contracts by failing to complete construction according to agreed-upon specifications, timelines, or quality standards. This can have significant financial and legal consequences for all parties involved.
Landlord-Tenant Contract Breaches
In landlord-tenant agreements, breaches can occur when either party fails to adhere to the terms of the lease. Common examples include landlords neglecting to maintain the property or tenants not paying rent on time.
Ways of Settling Contract Breach Cases
Resolving contract breaches in Maryland real estate can take various forms. The parties involved may choose to pursue one or more of the following avenues.
Negotiation and Mediation
Often, parties can resolve disputes amicably through negotiation or mediation. Mediation involves open communication and the assistance of a neutral third party to facilitate discussions and reach a compromise.
Litigation
If negotiation fails, litigation becomes necessary. Parties can file a lawsuit to enforce the terms of the contract and seek damages for the breach. Litigation can be time-consuming and expensive, but it may be the only recourse in some cases.
Why You Need a Maryland Real Estate Attorney
Contract breaches in Maryland real estate can be intricate and legally demanding, so contacting a Maryland real estate attorney is vital.
Here are some of the ways an attorney can help you.
- Legal Expertise: Real estate attorneys possess a deep understanding of Maryland’s real estate laws and regulations. They can analyze the specifics of your case and provide sound legal advice.
- Negotiation Skills: Experienced attorneys can negotiate on your behalf, striving for a resolution that serves your interests while minimizing potential risks.
- Litigation Support: If litigation becomes necessary, a skilled attorney can represent you in court and ensure that your rights are protected.
At LewisMcDaniels, we offer real estate litigation and more. If you wish to learn more about contract disputes and how we handle them, reach out.
Contact us at LewisMcDaniels today.
