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Types of Property lawsuits and the role of a real estate lawyer in solving them

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The high value of real estate in Iran has caused huge investment in this sector. Unfortunately, the lack of expertise in real estate buying and selling has led to real Property lawsuits; which often constitute court cases.

In recent years, most people have lost their assets, including housing, due to carelessness and ignorance, and as a result, people have become more sensitive to property issues. Drafting documents and dealing with all kinds of real estate claims have their own rules and various rulings are issued by judicial authorities.

Division of property claims

In general, property claims are divided into three categories:

  • Civil litigation
  • Registered property litigation
  • Criminal property litigation

All legal claims, including property claims, are filed in the court through a petition, and if the lawsuit is of a criminal nature, they are filed through a complaint. Petitions and complaints are filed according to the law of civil procedure and the law of criminal address, and if you do not comply with the legal and official standards and falsify the documents and evidence of your claim, your claim will be in jeopardy.

Property lawsuits

Points to consider before buying or selling a property:

  1. This example is not related to any other case.
  2. The required features must be precisely specified.
  3. Is the owner eligible to buy the property?
  4. After purchasing the property, the buyer must ensure that the seller is not legally prohibited from selling it.

Legal real estate claims

Real estate litigation is a type of real estate litigation that constitutes the majority of real estate litigation in courts. The law has provisions for resolving disputes and dealing with all types of legal matters in all situations and situations.

The judge of legal real estate lawsuits judges and decides on these petitions and lawsuits based on the law as well as examining the facts of the case.

The most important legal real estate claims

The most important real estate claims are as follows:

  • Litigation of mortgage obligation and guarantee documents
  • Lawsuit for delivery of property
  • Lawsuit for the preparation of an official real estate document
  • The claim of being required to obtain a separate assembly form (for buildings with several independent units)
  • Dispossession action
  • Claiming the need to receive completion of work (only for buildings completed and approved by a construction expert)
  • Litigation to end aggressive foreclosure
  • Lawsuit for termination of the contract (especially the problems in the provisions of the contract)
  • Lawsuit for compensation
  • Lawsuits for termination of contracts (only for contracts with legal defects)
  • Lawsuit to change the amount of rent according to the custom of the society (request to increase or decrease the rent)
  • Lawsuit for recovery of goodwill (receiving business and professional rights)
  • Evacuation lawsuit for commercial premises (property subject to its own laws)
  • Lawsuits related to the transfer of benefits from one person to another
  • Property lawsuits

Claims of registered property

One of the types of property claims is registered property claims. Registered real estate claims of any kind are at the center of real estate legal claims; But due to the multiplicity of these special lawsuits and their importance and sensitivity due to the involvement of the property document, we analyze and categorize this category of legal lawsuits separately.

The most important registered real estate lawsuits

The most important real estate claims are as follows:

  • Lawsuit for cancellation of an official document (cancellation of the document for various reasons)
  • Lawsuit for cancellation of related property registration
  • Disputed title cancellation lawsuit
  • Lawsuit for cancellation of registration procedures (cancellation of the mechanism of various registration commissions)
  • Lawsuit to invalidate the theory of the Dispute Resolution Board of the Registration and Documents Organization of the country
  • Afraz’s property dispute
  • Types of real estate lawsuits to register
  • Lawsuits for seizure of executive operations at different stages

In many property registration lawsuits, the negligence and haste of the owner in buying and selling the property and setting up the document causes many problems and cases for the parties. As a result, it is recommended to use the experiences of legal experts and committed and experienced real estate experts regarding private property rights and real estate conditions in order to avoid possible problems and claims of real estate.

Criminal civil lawsuits

Criminal lawsuits are tied to the commission of crimes by individuals, and issues such as ignorance of laws and regulations, negligence and lack of attention, unintentional mistakes, etc. are not addressed. In fact, when people commit crimes in the field of housing and real estate, either the public prosecutor or private plaintiffs bring criminal charges. All civil criminal lawsuits are based on profit seeking and criminal deception.

The most important criminal property lawsuits

The most important real estate claims are as follows:

  • Forging property documents to deceive and defraud others
  • Committing fraud in the field of real estate transactions
  • Betrayal in real estate
  • Illegal transfer of property to one or more other persons
  • Transferring property interests to others or to yourself
  • Conflict over buying and selling, government deals and corruption in this field
  • Using fake documents in real estate transactions
  • Changing the use of agricultural land without the consent of the relevant authorities
  • Buying and selling as well as real estate exchange
  • Destruction and unauthorized entry into the property of others

The role of a civil affairs lawyer in Property lawsuits

You need the help of a real estate lawyer to file any type of real estate case. Your attorney will review the papers and gather material to create a plea or bill of defense and then defend your case in court.

During the procedure, specialist advice may be needed. If you disagree, your real estate attorney will file an objection with a court summons. If the court’s decision is not in your favor, the lawyer prepares the appeal petition and submits it to the court. The presence of a real estate lawyer throughout the entire process will help you claim your rights.

An expert and competent lawyer can resolve all real estate claims, including legal, registration and criminal, and if you are involved in real estate claims, you can consult an expert lawyer in this field. In fact, using the services of lawyers specializing in real estate matters is so vital and necessary that everyone should take advantage of it.

How to find a good real estate lawyer?

A real estate attorney can confirm that a real estate transaction is legal, analyze and explain related documents, mediate issues, and most importantly, save you from costly mistakes. Here is more information about real estate attorney careers, attorneys, and how to choose a trusted attorney.

Duties of a Property lawsuits lawyer

A real estate attorney specializes in real estate matters such as home buying and selling, ownership, management, compliance, disputes, and ownership issues. The duties of a civil affairs lawyer include the following:

  • Confirmation that the ownership of the house has been properly transferred to the seller
  • Identifying and attempting to resolve any unpaid loans, liens, lawsuits, or other claims against the property as well as uncovering deed restrictions and covenants and any gaps in the chain of ownership
  • Obtaining an insurance policy
  • Negotiating and evaluating real estate transactions to determine how funds will be distributed
  • Create a document, disclosure, mortgage or note to secure the loan as directed by the lender and clarify the terms for your client
  • Finding and dividing responsibilities such as taxes, utility bills, and homeowner association fees based on how they are assigned in the contract
  • Create a settlement statement showing the amounts received from the buyer
  • Property lawsuits

When do you need the services of a real estate lawyer?

Whether the transaction involves a home for personal use or an investment property, both buyers and sellers can benefit from hiring a real estate attorney.

As one of the world’s leading real estate attorneys, Whitman says investment properties, especially real estate, involve tax considerations that most buyers and sellers are ill-equipped to handle on their own.

Jones warns:

Not using the services of a real estate lawyer has many risks. I’ve had clients come to me when deals go through about deposit money or who’s going to pay for a leaky roof or broken foundation. I’ve had sellers get higher bids and then try to back out of the contract they signed with the current bidder and cancel it.

If you plan to engage an attorney, do so before signing the purchase agreement. One of the experts says:

Many sellers and buyers wait until after signing the purchase agreement to hire an attorney. By then, they may have committed themselves to unfavorable contractual terms that a lawyer could have helped them with.

Be careful when buying and selling your real estate and be sure to get help from an experienced legal advisor. You can also get help from Dadista real estate lawyers for advice and follow up on your real estate claims. Dadista Law and Arbitration Institute is one of the top legal institutes in Iran that deals with all kinds of legal cases, including criminal, legal, property, banking, etc.

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FAQ
What is meant by property claims?
The lawsuits that arise regarding the ownership of a property and its contracts are called property lawsuits.
How many categories can property claims be divided into?
Real estate claims can be divided into 3 categories: legal real estate claims, registered property claims, and criminal real estate claims.
What is the duty of a real estate lawyer?
The proper transfer of ownership of a property, disclosure of document limitations, negotiation and evaluation of real estate transactions to determine how to distribute funds, etc. are among the duties of a real estate lawyer.

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