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Property Disputes

We are seeing more and more property disputes relating to international property transactions. Some are disputes between developer and buyer. Some are disputes between developer and builder. Some involve other parties.

There are three great lessons when it comes to dealing with any dispute - and property disputes are no exception.

It is probably too late to tell you the first. Good contracts avoid bad disputes. Most of the disputes with which we get involved are cases where the parties took little or no legal advice when the made their contract and where the contracts are therefore either or bad or non-existant.

The second great lesson is that the sooner you take action the more likely you are to have a successful result. A successful result does not always mean that you will get all of your money back or solve all of your problems. You need to recognise that the ship has either sunk or been badly holed and that getting it back to port with at least the majority of the cargo intact is often as good as it is going to get but it is beyond doubt that the longer you leave it before you take action the worse things are likely to get.

Taking action should involve getting expert legal advice about your legal postion, your options and the cost and timescale involved in each of them. Only then can you decide what to do.

The third lesson is that it is usually better to negotiate a settlement than to go to court or to get involved in any form of arbitration.

The lawyers who are the members of The International Law Partnership Ltd. will give you clear professional advice about all aspects of dealing with your dispute.

They will approach solving the problem in a constructive and, as far as possible, non-confrontational way. However, if it does become necessary to go to court they will fight hard on your behalf.

Because each dispute is so different from any other it is impossible to give any further specific guidance as to how a dispute should be dealt with on a page such as this but there are two general comments that I think it is worth making. The first is that taking action of any kind yourself - before you take any legal advice - can seriously damage your position. This includes such things as postings on internet forums.

The second is that it is almost always a lot cheaper and a lot better if you can fight your dispute together with other people. In many cases, of disputes involving property there will be quite a large number of people effected by the problem, for example, a developer may have failed to deliver a hundred houses. If you can gather together as many of those owners as possible into an Action Group then the cost to each of you is likely to be dramatically less than the cost of going it alone. Members of The International Law Partnership Ltd. have many years experience of dealing with action groups and fighting cases in this way.

Next steps

Please look at the Legal Guides, videos, MP3 seminars and other materials set out to the right of this page.

If you would like us to help you, please complete our Client Pack and send it back to us. We will contact you to clarify your requirements and then introduce you to the person most appropriate to deal with your case.

If you do not find the information that you need, please send us an email explaining your problem and we will contact you.

© The International Law Partnership Ltd. Page last revised 5 Feb 2010

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