Texas real estate transactions often involve multiple parties and complex contractual obligations. When something goes wrong during a sale, construction project, lease, or property transfer, disputes can quickly escalate into litigation.
The most common types of real estate disputes in Texas can help property owners, buyers, and businesses identify issues early and protect their legal rights.
1. Breach of Contract Claims
Contracts are part of every real estate transaction. Common contract disputes arise when one party fails to perform their obligations, such as:
- Failing to complete a purchase or sale
- Missing deadlines for closing
- Violating the terms of a construction contract
- Breaching lease provisions
- Disputes over financing contingencies
Litigation often focuses on contract terms, determining whether a breach occurred, and assessing the damages owed.
2. Failure to Disclose Property Defects
Texas law requires sellers to disclose known material defects that could affect a property’s value or pose safety concerns.
Common claims involve nondisclosure or concealment of:
- Foundation issues
- Mold or water intrusion
- Termite damage
- Previous flooding
- HVAC, electrical, or structural defects
Buyers who discover undisclosed problems after closing may pursue litigation for fraud, misrepresentation, or breach of the seller’s disclosure obligations.
3. Title and Ownership Disputes
Clear title is essential to transfer property. However, title defects can lead to litigation. Common issues include:
- Boundary line disputes
- Claims of adverse possession
- Errors in deeds or legal descriptions
- Fraudulent or forged deeds
- Undisclosed liens or encumbrances
These cases often require quiet title actions or declaratory judgments to resolve ownership rights.
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Real Estate Disputes That Lead to Litigation in Texas
4. Mechanic’s Lien and Construction Disputes
Construction projects frequently involve disagreements over payment, quality, or project delays. Mechanic’s lien claims in Texas arise when contractors, subcontractors, or suppliers do not receive payment.
Other construction-related disputes include:
- Defective workmanship
- Failure to complete the project as agreed
- Delay damages
- Violations of construction contracts
Litigation often focuses on whether the mechanic’s lien follows statutory requirements.
5. Landlord–Tenant Disputes
Both residential and commercial leases can give rise to litigation. Common issues include:
- Nonpayment of rent
- Improper eviction proceedings
- Breach of lease terms
- Property damage or failure to maintain premises
- Disputes over security deposits
- Violations of commercial lease build-out obligations
Commercial landlord–tenant disputes often involve high financial stakes and complex contractual interpretation.
6. Easement and Access Conflicts
Texas property owners often dispute the scope or validity of easements. Litigation may involve:
- Disagreements over shared driveways or access roads
- Utility easements
- Boundary encroachments
- Claims of implied or prescriptive easements
These cases typically require court intervention to clarify property rights and enforce or extinguish easements.
7. Real Estate Fraud and Misrepresentation
Fraud claims arise when one party uses false information or deceptive practices to induce a transaction. Real estate fraud may involve:
- Inflated appraisals
- Forged documents
- False statements about the property condition
- Investment scams
- Title fraud
Victims may recover economic damages, attorney’s fees, and other remedies depending on the claim.
Contact an Experienced Real Estate Lawyer for Help With a Dispute
If you are facing a real estate dispute, an experienced real estate attorney can help you understand your rights and legal options. At Porter Law Firm, your lawyer will help you identify the causes of action you have against other parties and determine what damages you can seek. They will investigate your situation to gather evidence of liability and work to get you the compensation you need to move forward.
Contact us today to schedule a confidential consultation to discuss your rights.