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Can I settle a real estate issue without suing?

On January 12, 2008 / By Real Estate Law Help / In Real-Estate-Attorneys

I recently bought a house. There were several un-resolved issues. The previous owner doen’t seem to want to reimburse for these issues. It appears that we will have to sue to get the issues resolved. I was wondering if it is possible to have a lawyer (or some legal counsel) intervene to come to a settlement prior to going to court, I do not feel like going through a drawn out lawsuit. Can legal cousel/attorney threaten to sue or request some form of reimbursement prior to going to court; which can compel the previous owner to come to some sort of reasonable settlement without going to court?

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6 Responses to “Can I settle a real estate issue without suing?”

  1. Outdoorsguy said:

    Feb 01, 09 at 5:40 am

    As a previous poster said, by far the majority of suits filed do not end up at trial. As one comment posted earlier said, you may have agreed to binding arbitration. Another option is mediation. That would cost a little bit of money, but nothing compaired to trial. Sorry you have to go through this. Good luck.

  2. taco said:

    Feb 01, 09 at 12:33 pm

    Just a thought for you- will you be spending more for lawyer and all, than if you just fixed things yourself? Time can consume money to. Good Luck!

  3. David_K said:

    Feb 05, 09 at 8:07 am

    Most civil cases don’t go to trial.

    Moreover, most lawyers attempt at least one settlement attempt before filing a lawsuit.

    During the course of your case to trial, there will be a lot of paper work which works to show duty and what, where money exist to pay for damages.

    Once there is a clear case and an airing of the issues between the parties, lawyers will attempt to make a settlement.

    Lawyers feel that court is a gamble best avoided.

  4. Ya_sai said:

    Feb 05, 09 at 8:50 pm

    You could hire a lawyer to write a letter to the previous owner clearly stating what needs to be done and if it isn’t you are prepared to go to court, something on that line.

  5. perfectvelvet said:

    Feb 06, 09 at 11:10 am

    Hiring a lawyer does not guarantee you have to go to court. There is always the possibility of settlement outside of court. However, if the previous owner doesn’t agree to any kind of settlement for your issues, your only other option is court. Sometimes, hiring a lawyer to converse with the other person’s lawyer is compelling enough, but some people would rather take their chances in court. There is no guarantee.

  6. scottclear said:

    Feb 06, 09 at 6:45 pm

    Yes, it is pretty standard for your attorney to send a demand letter prior to suit.

    Look at your sales contract carefully. There may be a clause in there requiring binding arbitration on any disputes. If so, it would be a waste of money and time for you to go to court because the court would just say you agreed to binding arbitration. If so, institute the arbitration clause. If he doesn’t show up, you will probably get the award you want which is enforceable as if it were a court order.

    ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

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