Litigation Process
Expert-defined terms from the Real Estate Dispute Resolution Methods course at Stanmore School of Business. Free to read, free to share, paired with a professional course.
A to Z List of Real Estate Dispute Resolution Methods #
A to Z List of Real Estate Dispute Resolution Methods
Absolute Title is a term used in real estate to describe a title that is… #
Absolute Title is a term used in real estate to describe a title that is free from any defects or encumbrances, it is an important concept in the litigation process
Acceleration Clause refers to a provision in a contract that requires the… #
Acceleration Clause refers to a provision in a contract that requires the borrower to pay the entire amount due if they default on a payment, this is often seen in mortgage agreements and can be a point of contention in real estate disputes
Acknowledgment is a statement that a person has signed a document volunta… #
Acknowledgment is a statement that a person has signed a document voluntarily, in the context of real estate, this can be crucial in establishing the authenticity of a contract or agreement
Action to Quiet Title is a lawsuit that is brought to determine the ow… #
Action to Quiet Title is a lawsuit that is brought to determine the ownership of a property, this is often necessary in cases where there are conflicting claims to a property
Adjudication is the process of making a decision or judgment in a dispute… #
Adjudication is the process of making a decision or judgment in a dispute, in real estate, this can involve a neutral third party making a binding decision
Administrative Regulation is a rule or guideline that is establish… #
Administrative Regulation is a rule or guideline that is established by a government agency to regulate a particular industry or activity, in real estate, this can include regulations related to zoning or land use
Adverse Possession is a doctrine that allows a person to gain owne… #
Adverse Possession is a doctrine that allows a person to gain ownership of a property if they have possessed it in a way that is hostile to the true owner's rights, this can be a complex and contentious issue in real estate disputes
Affidavit is a sworn statement that is made under oath , in the con… #
Affidavit is a sworn statement that is made under oath, in the context of real estate, this can be used to establish the authenticity of a document or the truth of a particular statement
Agency is a relationship between two parties where one party represent… #
Agency is a relationship between two parties where one party represents the other in a particular matter, in real estate, this can include the relationship between a broker and their client
Agent is a person who represents another person or entity in a par… #
Agent is a person who represents another person or entity in a particular matter, in real estate, this can include brokers, attorneys, or other professionals
Amendment is a change or modification to a contract or agreement,… #
Amendment is a change or modification to a contract or agreement, in the context of real estate, this can be necessary to reflect changes in the terms of a deal
Appeal is a request to a higher authority to review a decision tha… #
Appeal is a request to a higher authority to review a decision that has been made, in real estate, this can involve appealing a decision made by a lower court or regulatory body
Appraisal is an estimate of the value of a property, in the contex… #
Appraisal is an estimate of the value of a property, in the context of real estate, this can be used to determine the worth of a property for the purposes of a sale or loan
Appraiser is a person who is qualified to estimate the value of a… #
Appraiser is a person who is qualified to estimate the value of a property, in real estate, this can include professionals who have specialized training and expertise
Arbitration is a process of resolving a dispute through the use of a n… #
Arbitration is a process of resolving a dispute through the use of a neutral third party, in real estate, this can be a faster and less expensive alternative to litigation
Attachment is a legal process that allows a creditor to seize</… #
Attachment is a legal process that allows a creditor to seize a debtor's assets, in the context of real estate, this can include the attachment of a property to satisfy a debt
Attorney is a person who is qualified to practice law, in real est… #
Attorney is a person who is qualified to practice law, in real estate, this can include professionals who specialize in real estate law and can provide advice and representation to clients
Breach of Contract is a violation of the terms of a contract, in t… #
Breach of Contract is a violation of the terms of a contract, in the context of real estate, this can include the failure to make payments or perform other obligations
Broker is a person who represents buyers and sellers in real estat… #
Broker is a person who represents buyers and sellers in real estate transactions, in the context of real estate, this can include professionals who are licensed to practice in a particular state or region
Buyer is a person who is purchasing a property, in real estate, th… #
Buyer is a person who is purchasing a property, in real estate, this can include individuals, companies, or other entities
Buyer's Agent is a person who represents the buyer in a real estat… #
Buyer's Agent is a person who represents the buyer in a real estate transaction, in the context of real estate, this can include professionals who are licensed to practice in a particular state or region
Buyer's Broker is a person who represents the buyer in a real esta… #
Buyer's Broker is a person who represents the buyer in a real estate transaction, in the context of real estate, this can include professionals who are licensed to practice in a particular state or region
Certificate of Title is a document that verifies the ownership of… #
Certificate of Title is a document that verifies the ownership of a property, in the context of real estate, this can be an important piece of evidence in disputes over ownership
Chattel is a type of personal property that can be moved, in the c… #
Chattel is a type of personal property that can be moved, in the context of real estate, this can include items such as furniture or appliances
Civil Lawsuit is a lawsuit that is brought to enforce a right or t… #
Civil Lawsuit is a lawsuit that is brought to enforce a right or to redress a wrong, in real estate, this can include disputes over contracts, property ownership, or other issues
Clear Title is a title that is free from any defects or encumbranc… #
Clear Title is a title that is free from any defects or encumbrances, in the context of real estate, this can be an important factor in determining the value of a property
Closing is the process of finalizing a real estate transaction, in… #
Closing is the process of finalizing a real estate transaction, in the context of real estate, this can include the transfer of ownership and the payment of any outstanding debts
Closing Costs are fees that are associated with the closing of a r… #
Closing Costs are fees that are associated with the closing of a real estate transaction, in the context of real estate, this can include costs such as title insurance, appraisal fees, and attorney's fees
Co #
Buyer is a person who is purchasing a property with another person, in real estate, this can include spouses, partners, or other individuals who are buying a property together
Commission is a fee that is paid to a broker or agent for their se… #
Commission is a fee that is paid to a broker or agent for their services, in the context of real estate, this can include a percentage of the sale price of a property
Common Law is a body of law that is based on custom and … #
Common Law is a body of law that is based on custom and precedent, in real estate, this can include laws related to property ownership and disputes
Comparative Market Analysis is a report that is used to determine … #
Comparative Market Analysis is a report that is used to determine the value of a property, in the context of real estate, this can include an analysis of recent sales of similar properties
Condemnation is the process of taking a property for a public</… #
Condemnation is the process of taking a property for a public use, in real estate, this can include the use of eminent domain to acquire a property for a project such as a highway or public building
Consent Decree is a judgment that is entered into by agreement<… #
Consent Decree is a judgment that is entered into by agreement of the parties, in the context of real estate, this can include a settlement of a dispute over a property
Consideration is a bargained #
for exchange that is required for a contract to be enforceable, in real estate, this can include the payment of money or the transfer of a property
Contingency is a condition that must be met before a contract can… #
Contingency is a condition that must be met before a contract can be enforced, in the context of real estate, this can include contingencies related to financing, inspections, or other factors
Contract is a binding agreement between two or more parties, in re… #
Contract is a binding agreement between two or more parties, in real estate, this can include agreements to buy or sell a property, or to provide services such as brokerage or appraisal
Contract for Deed is a type of contract where the seller financ… #
Contract for Deed is a type of contract where the seller finances the purchase of a property, in real estate, this can include agreements where the seller acts as the lender
Conveyance is the transfer of ownership of a property, in the cont… #
Conveyance is the transfer of ownership of a property, in the context of real estate, this can include the transfer of a deed or other document that establishes ownership
Counterclaim is a claim that is made by a defendant against a p… #
Counterclaim is a claim that is made by a defendant against a plaintiff, in real estate, this can include a claim for damages or other relief
Counteroffer is a response to an offer that is made by a party<… #
Counteroffer is a response to an offer that is made by a party, in the context of real estate, this can include a response to an offer to purchase a property
Court is a place where lawsuits are heard and decided</i… #
Court is a place where lawsuits are heard and decided, in real estate, this can include courts that specialize in real estate disputes or other matters
Covenant is a promise that is made in a deed or other document, in… #
Covenant is a promise that is made in a deed or other document, in the context of real estate, this can include promises related to the use or maintenance of a property
Credit Report is a document that shows a person's credit hi… #
Credit Report is a document that shows a person's credit history, in real estate, this can be used to determine the creditworthiness of a borrower
Damages are monies that are awarded to a party as compen… #
Damages are monies that are awarded to a party as compensation for a loss, in real estate, this can include damages for breach of contract or other wrongs
Debt Service is the amount of money that is required to … #
Debt Service is the amount of money that is required to pay the interest and principal on a loan, in real estate, this can include the monthly payments on a mortgage
Deed is a document that transfers the ownership of a proper… #
Deed is a document that transfers the ownership of a property, in the context of real estate, this can include a warranty deed, quitclaim deed, or other type of deed
Deed of Trust is a document that secures a loan with a p… #
Deed of Trust is a document that secures a loan with a property, in real estate, this can include a deed of trust that is used to secure a mortgage
Default is a failure to perform an obligation under a co… #
Default is a failure to perform an obligation under a contract, in real estate, this can include the failure to make payments on a loan or to maintain a property
Defendant is a person who is being sued in a lawsuit , in re… #
Defendant is a person who is being sued in a lawsuit, in real estate, this can include a property owner, buyer, or seller
Deposition is a sworn testimony that is taken outside of court<… #
Deposition is a sworn testimony that is taken outside of court, in the context of real estate, this can be used to gather evidence or testimony from a witness
Disclosure is the act of providing information about a p… #
Disclosure is the act of providing information about a property, in real estate, this can include disclosures about the condition of a property or any known defects
Discovery is the process of exchanging information between… #
Discovery is the process of exchanging information between parties in a lawsuit, in real estate, this can include the exchange of documents, testimony, or other evidence
Dispute is a conflict or disagreement between parties , in r… #
Dispute is a conflict or disagreement between parties, in real estate, this can include disputes over contracts, property ownership, or other issues
Divided Interest is a type of ownership where multiple owners have… #
Divided Interest is a type of ownership where multiple owners have a shared interest in a property, in real estate, this can include tenancy in common or joint tenancy
Document is a written instrument that provides evidence<… #
Document is a written instrument that provides evidence of a fact or transaction, in the context of real estate, this can include deeds, contracts, or other documents
Easement is a right to use a property for a specific purpos… #
Easement is a right to use a property for a specific purpose, in real estate, this can include an easement for access, utilities, or other purposes
Encroachment is a type of trespass where a structure or … #
Encroachment is a type of trespass where a structure or object extends onto a neighboring property, in real estate, this can include an encroachment by a fence, building, or other structure
Encumbrance is a claim or lien that is placed on a property … #
Encumbrance is a claim or lien that is placed on a property, in the context of real estate, this can include a mortgage, deed of trust, or other type of encumbrance
Equitable Title is a type of ownership that is based on equity<… #
Equitable Title is a type of ownership that is based on equity rather than law, in real estate, this can include an equitable title that is established through a contract or agreement
Equity is the difference between the value of a property an… #
Equity is the difference between the value of a property and the amount of any liens or encumbrances, in real estate, this can include the equity that a homeowner has in their property
Escrow is a process of holding documents or funds un… #
Escrow is a process of holding documents or funds until conditions are met, in real estate, this can include an escrow account that is used to hold payments or documents
Estoppel is a doctrine that prevents a party from denying o… #
Estoppel is a doctrine that prevents a party from denying or asserting something that is inconsistent with a previous statement or action, in real estate, this can include an estoppel that prevents a seller from denying the existence of a contract
Eviction is the process of removing a tenant from a prop… #
Eviction is the process of removing a tenant from a property, in real estate, this can include an eviction that is based on non-payment of rent or other breaches of a lease
Evidence is information that is presented in a lawsuit to <… #
Evidence is information that is presented in a lawsuit to prove a fact or claim, in real estate, this can include documents, testimony, or other types of evidence
Examination is the process of reviewing or inspecting a … #
Examination is the process of reviewing or inspecting a property or document, in real estate, this can include an examination of a property to determine its value or condition
Exception is a type of objection that is made to a ruling o… #
Exception is a type of objection that is made to a ruling or decision, in the context of real estate, this can include an exception that is made to a court's ruling on a motion
Exclusive Agency Listing is a type of listing where the broker<… #
Exclusive Agency Listing is a type of listing where the broker has the exclusive right to represent the seller, in real estate, this can include an exclusive agency listing that is used to sell a property
Execution is the act of carrying out a contract or agree… #
Execution is the act of carrying out a contract or agreement, in the context of real estate, this can include the execution of a deed or other document
Executor is a person who is appointed to carry out the i… #
Executor is a person who is appointed to carry out the instructions in a will, in real estate, this can include an executor who is responsible for managing a decedent's estate
Fair Market Value is the price that a property would sell f… #
Fair Market Value is the price that a property would sell for on the open market, in real estate, this can include the fair market value of a property that is used to determine its value for tax or other purposes
Fiduciary is a person who has a duty to act in the best<… #
Fiduciary is a person who has a duty to act in the best interests of another person, in real estate, this can include a fiduciary who is responsible for managing a client's assets or interests
Financing is the process of obtaining money to purchase<… #
Financing is the process of obtaining money to purchase or refinance a property, in real estate, this can include financing that is provided by a lender or other financial institution
Foreclosure is the process of taking a property away from a… #
Foreclosure is the process of taking a property away from a borrower who has defaulted on a loan, in real estate, this can include a foreclosure that is based on a mortgage or deed of trust
Fraud is a type of deception or misrepresentation that is u… #
Fraud is a type of deception or misrepresentation that is used to cheat or defraud another person, in real estate, this can include fraud that is related to a property's value or condition
Good Faith is a concept that requires parties to act with <… #
Good Faith is a concept that requires parties to act with honesty and fairness in their dealings with each other, in real estate, this can include good faith that is required in negotiations or contract formation
Guarantee is a promise to pay or perform if another part… #
Guarantee is a promise to pay or perform if another party fails to do so, in real estate, this can include a guarantee that is provided by a lender or other financial institution
Hazard Insurance is a type of insurance that protects a … #
Hazard Insurance is a type of insurance that protects a property against loss or damage from hazards such as fire or theft, in real estate, this can include hazard insurance that is required by a lender
Home Inspection is a process of examining a property to … #
Home Inspection is a process of examining a property to identify any defects or problems, in real estate, this can include a home inspection that is used to determine the condition of a property
Homeowner's Association is a type of organization that is respo… #
Homeowner's Association is a type of organization that is responsible for managing a development or community, in real estate, this can include a homeowner's association that is responsible for maintaining common areas or enforcing covenants
Injunction is a type of court order that requires a… #
Injunction is a type of court order that requires a party to stop doing something or to take a specific action, in real estate, this can include an injunction that is used to prevent a party from selling a property
Inspection is the process of examining a property to ide… #
Inspection is the process of examining a property to identify any defects or problems, in real estate, this can include an inspection that is used to determine the condition of a property
Installment Sale is a type of sale where the seller fina… #
Installment Sale is a type of sale where the seller finances the purchase of a property, in real estate, this can include an installment sale that is used to sell a property
Interest is the amount of money that is paid on a loan</… #
Interest is the amount of money that is paid on a loan or investment, in real estate, this can include interest that is paid on a mortgage or other type of loan
Interpleader is a type of lawsuit that is brought to determine<… #
Interpleader is a type of lawsuit that is brought to determine the rights of multiple parties to a property, in real estate, this can include an interpleader that is used to determine the rights of multiple parties to a property
Investment is the act of putting money into a property</… #
Investment is the act of putting money into a property or business with the expectation of earning a return, in real estate, this can include an investment that is made in a property or development
Joint Tenancy is a type of ownership where multiple owners have a… #
Joint Tenancy is a type of ownership where multiple owners have a shared interest in a property, in real estate, this can include a joint tenancy that is created by a deed or other document
Judgment is a decision that is made by a court in a lawsuit … #
Judgment is a decision that is made by a court in a lawsuit, in real estate, this can include a judgment that is entered against a party who has defaulted on a loan or contract
Judicial Foreclosure is a type of foreclosure that is conducted… #
Judicial Foreclosure is a type of foreclosure that is conducted through the court system, in real estate, this can include a judicial foreclosure that is used to take a property away from a borrower who has defaulted on a loan
Land Contract is a type of contract where the seller fin… #
Land Contract is a type of contract where the seller finances the purchase of a property, in real estate, this can include a land contract that is used to sell a property
Landlord is a person who owns a property and rents i… #
Landlord is a person who owns a property and rents it to a tenant, in real estate, this can include a landlord who is responsible for maintaining a property and collecting rent
Lease is a contract between a landlord and a tenant that <i… #
Lease is a contract between a landlord and a tenant that grants the tenant the right to use a property for a specific period of time, in real estate, this can include a lease that is used to rent a property
Lender is a person or entity that provides financing … #
Lender is a person or entity that provides financing for a property, in real estate, this can include a lender who provides a mortgage or other type of loan
Lessee is a person who rents a property from a landlord<… #
Lessee is a person who rents a property from a landlord, in real estate, this can include a lessee who is responsible for paying rent and maintaining a property
Lessor is a person who rents a property to a tenant ,… #
Lessor is a person who rents a property to a tenant, in real estate, this can include a lessor who is responsible for maintaining a property and collecting rent
License is a permission that is granted by a government … #
License is a permission that is granted by a government agency to engage in a specific activity, in real estate, this can include a license that is required to practice as a broker or agent
Lien is a claim that is placed on a property to secure a <i… #
Lien is a claim that is placed on a property to secure a debt, in real estate, this can include a lien that is placed on a property to secure a mortgage or other type of loan
Limited Partnership is a type of partnership where one or more … #
Limited Partnership is a type of partnership where one or more partners have limited liability, in real estate, this can include a limited partnership that is used to invest in a property or development
Listing is a contract between a broker and a seller that <i… #
Listing is a contract between a broker and a seller that grants the broker the right to market and sell a property, in real estate, this can include a listing that is used to sell a property
Loan is a type of financing that is provided by a lender… #
Loan is a type of financing that is provided by a lender to a borrower, in real estate, this can include a loan that is used to purchase or refinance a property
Loan Commitment is a promise by a to provide fina… #
Loan Commitment is a promise by a
Mediation is a process of resolving a dispute through the u… #
Mediation is a process of resolving a dispute through the use of a neutral third party, in real estate, this can include mediation that is used to resolve a dispute over a contract or property
Mortgage is a type of loan that is secured by a property… #
Mortgage is a type of loan that is secured by a property, in real estate, this can include a mortgage that is used to purchase or refinance a property
Mortgage Broker is a person who arranges financing for a <i… #
Mortgage Broker is a person who arranges financing for a property, in real estate, this can include a mortgage broker who is responsible for finding a lender and securing a loan
Mortgagee is a person who lends money to a borrower … #
Mortgagee is a person who lends money to a borrower to purchase a property, in real estate, this can include a mortgagee who is responsible for collecting payments and enforcing the terms of a loan
Mortgagor is a person who borrow money to purchase a… #
Mortgagor is a person who borrow money to purchase a property, in real estate, this can include a mortgagor who is responsible for making payments and maintaining a property
Negligence is a type of carelessness or failure to act</… #
Negligence is a type of carelessness or failure to act with reasonable care, in real estate, this can include negligence that is related to the maintenance or management of a property
Negotiation is the process of discussing and agreeing on th… #
Negotiation is the process of discussing and agreeing on the terms of a contract or agreement, in real estate, this can include negotiation that is used to reach a mutually acceptable agreement
Notice is a written communication that is provided to a … #
Notice is a written communication that is provided to a party to inform them of a specific fact or circumstance, in real estate, this can include a notice that is provided to a tenant to inform them of a rent increase or other change
Notice of Default is a written communication that is provided</… #
Notice of Default is a written communication that is provided to a borrower to inform them that they are in default on a loan, in real estate, this can include a notice of default that is provided to a borrower who has missed payments
Option is a right to purchase a property at a specific</… #
Option is a right to purchase a property at a specific price within a specific time period, in real estate, this can include an option that is granted to a buyer to purchase a property
Owner is a person who has title to a property , in real esta… #
Owner is a person who has title to a property, in real estate, this can include an owner who is responsible for maintaining a property and paying taxes
Partition is a process of dividing a property among mult… #
Partition is a process of dividing a property among multiple owners, in real estate, this can include a partition that is used to divide a property among multiple owners
Party is a person or entity that is involved in a lawsui… #
Party is a person or entity that is involved in a lawsuit or dispute, in real estate, this can include a party who is a buyer, seller, landlord, or tenant
Performance is the act of carrying out a contract or agr… #
Performance is the act of carrying out a contract or agreement, in real estate, this can include performance that is required under a contract or agreement
Personal Property is a type of property that is moveable , i… #
Personal Property is a type of property that is moveable, in real estate, this can include personal property such as furniture or appliances
Petitioner is a person who brings a lawsuit or petition<… #
Petitioner is a person who brings a lawsuit or petition to a court, in real estate, this can include a petitioner who is seeking to resolve a dispute or enforce a contract
Plaintiff is a person who brings a lawsuit to a court</i… #
Plaintiff is a person who brings a lawsuit to a court, in real estate, this can include a plaintiff who is seeking to resolve a dispute or enforce a contract
Pledge is a type of security that is provided to secure<… #
Pledge is a type of security that is provided to secure a loan, in real estate, this can include a pledge that is used to secure a mortgage or other type of loan
Power of Attorney is a document that grants one person the… #
Power of Attorney is a document that grants one person the authority to act on behalf of another person, in real estate, this can include a power of attorney that is used to grant authority to a broker or attorney
Preemption is a right to purchase a property before it is <… #
Preemption is a right to purchase a property before it is offered to other buyers, in real estate, this can include a preemption that is granted to a tenant or other party
Premises is a type of property that is leased or rented<… #
Premises is a type of property that is leased or rented, in real estate, this can include premises that are used for commercial or residential purposes
Presumption is a type of evidence that is used to establ… #
Presumption is a type of evidence that is used to establish a fact, in real estate, this can include a presumption that is used to establish the ownership of a property
Privity is a relationship between two or more parties that are … #
Privity is a relationship between two or more parties that are connected by a contract or agreement, in real estate, this can include privity that is established by a contract or agreement
Probate is the process of administering a decedent's est… #
Probate is the process of administering a decedent's estate, in real estate, this can include probate that is used to distribute a decedent's assets, including real property
Promissory Note is a document that promises to pay a spe… #
Promissory Note is a document that promises to pay a specific amount of money at a specific time, in real estate, this can include a promissory note that is used to secure a loan
Property is a type of asset that can be owned or control… #
Property is a type of asset that can be owned or controlled, in real estate, this can include property such as land, buildings, or other types of real estate
Purchase Agreement is a contract between a buyer and a seller</… #
Purchase Agreement is a contract between a buyer and a seller that outlines the terms of a sale, in real estate, this can include a purchase agreement that is used to buy or sell a property
Quiet Title is a type of lawsuit that is brought to establish</… #
Quiet Title is a type of lawsuit that is brought to establish the ownership of a property, in real estate, this can include a quiet title that is used to resolve a dispute over ownership
Quitclaim Deed is a type of deed that transfers the inte… #
Quitclaim Deed is a type of deed that transfers the interest of a grantor in a property, in real estate, this can include a quitclaim deed that is used to transfer ownership of a property
Real Estate is a type of property that includes land and an… #
Real Estate is a type of property that includes land and any improvements that are made to it, in real estate, this can include real estate such as homes, buildings