Many times when you hire an attorney to assist in a residential real estate transaction, you can retain their services for a flat fee. On more complex transactions, an attorney may charge you an hourly rate.

Someone breaches a real estate contract when they fail to perform a duty they’re required to perform under the contract. For instance, if the buyer has 30 days to obtain financing and then on the 32nd day informs the seller that they cannot obtain the financing, they’ve breached the contract because they have not obtained the financing within the 30 day period they were allowed under the contract. When a party breaches a contract, the other party may be entitled to damages or other remedies available under the law.

When you hire someone to do work on your property, someone such as a roofer or a carpenter, if you don’t pay them for the work that was done, they can file what’s called a mechanic’s lien on your property. This lien would actually allow the person to foreclose on your home if they take an action within one year from the filing of the lien.

Most cases in civil litigation do not go to trial. After filing a complaint and going through the pleading phase, you go through what’s called the discovery phase, and that’s when each side figures out what information the other side may have. You determine how good of a case you have. Typically a judge may order you to mediation, but in most cases, only the very close cases end up going to trial.

Mediation is when two parties who are having a dispute sit down and try to work out a compromise or a deal without having to actually go into the court room. Sometimes contracts have mediation clauses that require the parties to seek mediation prior to following a lawsuit. Mediation can be a good way to solve the dispute without spending too much money in the court system.

Slander of title is when a person records a document in public record that is either inaccurate or purposely recorded to cloud the title so that the person can’t move forward with the sale or other use of the property. It’s similar to a defamation lawsuit, if saying something bad about a person, you’re essentially recording a document that puts a cloud on title on the property.

Specific performance in the context of a real estate transaction is, for instance, when the seller is refusing to sell the house. They don’t have a reason. They just decided they’re not going to sell the house. A specific performance is a remedy that’s available to the buyer if it’s written into the contract that can essentially force the seller to do something, specifically to make an act. Most remedies in the legal system are based on damages or money damages, but specific performance … you’re actually asking the court to force the party to do something.

Arbitration is what’s called an alternative dispute resolution process. It essentially takes court out of the equation. An arbitrator acts like a judge, but there are looser and lesser rules than you would find in a courtroom. Oftentimes, it can be just as expensive as litigation, and many contracts that people sign may have an arbitration clause, which will require you to go to arbitration instead of filing a lawsuit.

Civil litigation is essentially the process with which you solve disputes with another person or entity. This could be a contract dispute, an easement dispute, any variety of dispute that’s not criminal in nature. The process begins with the filing of a complaint, moves on through a process called discovery, may or may not go to trial, and end with the final judgment or a dismissal.

When you purchase real estate with financing, you sign a note and a mortgage. A note is what obligates you to repay the debt. A mortgage is what puts the property up as collateral for that debt. A foreclosure is when the lender is seeking to sell the collateral because the borrower is not making their monthly payments. It is important to consult with an experienced real estate attorney if you’re served with a foreclosure because you could lose the property.