Common Real Estate Disputes in Maryland and How to Resolve Them

Real estate transactions in Maryland, like in many other states, can sometimes lead to disputes. These disagreements can arise between buyers and sellers, landlords and tenants, or even among neighbors. Understanding the common types of real estate disputes in Maryland and how to resolve them can save you time and money.

1. Contract Disputes
Contract disputes are one of the most prevalent issues in real estate transactions. Issues may arise regarding the terms of the contract, non-disclosure of property defects, or breaches of contract. To resolve these disputes, it’s essential to review the contract carefully and consult with a real estate attorney. Mediation or arbitration may also be viable options to avoid lengthy court proceedings.

2. Title Disputes
Title disputes occur when there are conflicting claims over the ownership of a property. This could stem from unresolved liens, unclear titles, or historical ownership issues. To resolve title disputes, it’s advisable to conduct a title search before purchasing a property. If a dispute arises, hiring a title lawyer can help clarify ownership and negotiate settlements.

3. Boundary Disputes
Boundary disputes often happen when property lines are unclear. Neighbors may disagree on fence placements or property usage. To address these disputes, property surveys can provide clarity. If disagreements persist, mediation is sometimes an effective means to reach an amicable agreement without escalating to litigation.

4. Landlord-Tenant Disputes
Maryland landlords and tenants can encounter numerous issues like unpaid rent, eviction processes, or property maintenance. Open communication is the key to resolving many of these disputes. In cases where communication fails, both parties have the option to seek legal advice or mediation to work towards a resolution without lengthy court proceedings.

5. Homeowners Association (HOA) Disputes
Disagreements with an HOA can include issues related to fees, property modifications, or rule enforcement. Homeowners should first review the HOA bylaws and attempt to resolve the issue directly with the association. If necessary, filing a complaint with the Maryland Department of Labor or pursuing mediation may be potential routes for resolution.

6. Disclosure Issues
Real estate sellers in Maryland are legally obligated to disclose certain information about the property, including defects. Failure to disclose can lead to disputes post-sale. Buyers who suspect non-disclosure should gather evidence and may consider filing a lawsuit for damages. Consulting with an attorney knowledgeable in real estate law is highly recommended in these situations.

7. Zoning and Land Use Disputes
Local zoning laws can lead to disputes regarding property use and development. Homeowners or developers who wish to challenge zoning decisions can do so by applying for variances or appealing zoning board decisions. Working with a land-use attorney can help navigate the complexities of local zoning issues effectively.

To mitigate potential disputes, it is critical for both buyers and sellers in Maryland to engage in thorough due diligence, maintain clear communication, and understand their rights and responsibilities under Maryland real estate law. Consulting with a qualified real estate attorney can also provide valuable guidance and reduce the likelihood of conflict.

By being aware of these common real estate disputes and their resolutions, parties involved in Maryland real estate transactions can navigate the market more effectively while protecting their interests.