What happens if a real estate contract dispute goes to court?
If a real estate contract dispute goes to court it is a process that is known as real estate litigation. This is when a disagreement or dispute between the parties is taken to a court of law. The court will then hear each side of the issue and make a ruling on the matter. In California, if the case is brought to court then either a jury or a judge will make the ultimate decision. Depending on the nature of the dispute and the information that each party provides, a jury may be chosen if the parties feel that a jury will be impartial and make a fair decision. If the parties agree to have a judge make the ruling, then the judge will base their ruling on the facts that are presented. The court may also order mediation to try and come to an agreement without having to go to trial. The process of mediation is where a mediator is present to help both sides come to a compromise. If this is unsuccessful then the case can still be decided in court. The court will also decide which party is legally responsible for the outcome. The defendant may be responsible for paying damages, or the court may order an injunction to stop an activity or ask for specific performance if one of the parties does not agree to do something that the contract says they should. Regardless of the outcome, the decision made in court is legally binding and must be followed by both parties.
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