What are the different types of real estate dispute remedies?

Real estate litigation is a legal process that may be used when disputes arise over ownership or possession of real estate property. In Virginia, the court may determine different types of real estate dispute remedies. One type of real estate dispute remedy is an injunction. An injunction is an order issued by a court that requires a party to either do or not do a certain activity. It is typically used to prevent imminent harm or to prevent a dispute from escalating. Another type of real estate dispute remedy is specific performance. Specific performance means that the court can require one of the parties to perform as promised in the original contract. Damages are also a type of real estate dispute remedy. In Virginia, the court may award compensatory damages to the non-breaching party as a result of the breach of contract. Compensatory damages are intended to put the non-breaching party in the financial position he or she would’ve been in had the contract been performed as intended. In some cases, the court may award punitive damages for a real estate dispute. Punitive damages are awarded to punish and deter the offending party and are typically much higher than compensatory damages. Lastly, rescission is a type of remedy available in some real estate disputes. Rescission nullifies or voids the contract, meaning the parties are returned to the same positions they were in before the contract was signed.

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