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Olympia Real Estate Litigation Lawyer

Real estate disputes involve distinct property laws, tangled contracts, and emotionally charged conflicts with neighbors, business partners, or government bodies. As Olympia real estate litigation lawyers at Dickson Frohlich Phillips Burgess, our practice is built to guide property owners through these exact challenges.

You’re dealing with the stress of a property dispute; the last thing you want to do is decipher dense legal statutes and deadlines. Our role is to manage the legal work so you can focus on what matters. If you have questions about a real estate conflict, we are here to provide clarity. Call us for a consultation at (360) 742-3500.

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Key Takeaways for Washington Property Disputes

  • Documentation is your foundation. The strength of your case is built on the paper trail (deeds, contracts, emails, and photos) which provides the objective facts needed to prove your position.
  • Court is not the only option. Most real estate disputes are resolved through negotiation or mediation, which are typically faster and less expensive than a formal trial.
  • The right remedy matters. Sometimes a check isn’t enough; you may need a court order to force a sale, stop a harmful action, or officially clear up who owns the property.

Why Choose Dickson Frohlich Phillips Burgess for Your Olympia Real Estate Matter?

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When you are facing a property dispute, you need a legal team with a deep understanding of Washington’s real estate laws and a history of resolving conflicts in the Olympia area.

Our firm, Dickson Frohlich Phillips Burgess, brings over a century of combined legal experience to your case. We are not a general practice firm; our work centers on real estate, business, and construction law. This focus allows us to provide knowledgeable and strategic guidance tailored to your specific situation.

  • A Legacy of Focused Experience: Our attorneys have been handling real estate disputes for decades. We assist individuals, families, and businesses with everything from easement litigation to construction defects and land use appeals.
  • Rooted in the Olympia Community: Our office is centrally located at 111 21st Avenue Southwest, Olympia, Washington 98501, just blocks from the Washington State Capitol and Capitol Lake. We have a deep understanding of the local real estate landscape, from waterfront properties on the Puget Sound to development in Thurston, Lewis, and Grays Harbor counties.
  • Recognized for Client-Centered Solutions: Our firm and its attorneys have consistently received “Best Law Firm” and “Best Lawyers” honors. This recognition is a direct result of our commitment to transparent communication and achieving favorable outcomes for our clients.
  • Contingency Fee Options: In many cases, we can handle your real estate dispute on a contingency fee basis. This means you do not pay any attorney fees unless we successfully resolve your case. We will explain all fee structures clearly from the start.

Let our team’s local knowledge and focused experience work for you. We are ready to listen to your situation and explain your options.

What Are the Potential Remedies in a Real Estate Dispute?

Unlike a simple monetary claim, property disputes frequently require specific, court-ordered actions. A check may not fix a boundary issue or force a seller to honor a contract. If the wrong legal remedy is pursued, you could end up with an outcome that doesn’t truly solve your problem.

In Washington real estate law, this can take several forms:

  • Monetary Damages: This is compensation for financial losses you suffered due to the other party’s actions. This might be compensatory damages to cover direct losses or, in some cases, liquidated damages if they were specified in your contract.
  • Specific Performance: This is a court order compelling the other party to follow through on their contractual obligation. For example, if a seller backs out of a signed purchase agreement, a court can force them to complete the sale. This is a common remedy because each piece of real estate is considered unique under the law.
  • Rescission: This remedy cancels the contract, and both parties are returned to the financial position they were in before the agreement was signed.
  • Injunction: This is a court order that either stops a party from doing a harmful act (like building a structure on your property) or requires them to perform a specific action.
  • Quiet Title Action: If there are competing claims to the ownership of your property, this lawsuit asks the court to make a final determination of who the rightful owner is. This clears any “clouds” on the title. These actions are governed by Chapter 7.28 of the Revised Code of Washington.

Common Real Estate Disputes We Handle in the Olympia Area

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In Olympia and the surrounding Thurston County area, with its mix of urban, suburban, and rural land, we see specific types of disputes arise time and again.

Common Local Disputes:

  • Boundary Line and Easement Conflicts: Disagreements over the precise location of a property line or the right of someone to use a portion of your land (an easement) are common, especially in older neighborhoods or rural areas.
  • Breach of Contract: This occurs when a party fails to perform its duties under a Purchase and Sale Agreement (PSA) or a commercial lease. This can include a buyer failing to secure financing or a seller refusing to make agreed-upon repairs.
  • Landlord-Tenant Disputes (Commercial & Residential): We represent both landlords and tenants in conflicts over lease terms, unpaid rent, property damage, and eviction proceedings under Washington’s Residential Landlord-Tenant Act.
  • Construction Defects and Contractor Disputes: Issues with the quality of construction, disputes over payment, or liens filed against your property might halt a project and lead to significant financial loss.
  • Land Use and Zoning Issues: Given our proximity to the state Capitol, disputes involving government entities are frequent. We assist property owners and developers in matters before municipal and county boards regarding zoning variances, permits, and land use regulations.
  • Adverse Possession Claims: These are claims where someone may gain legal title to a piece of property by openly and continuously using it for a specific period without the owner’s permission. Washington has specific laws governing these claims, which are frequently misunderstood.

How to Prepare for a Potential Real Estate Lawsuit

You know a serious disagreement about your property is brewing. Your focus should be on organization and careful communication. While your attorney will handle the legal strategy, here are steps you can take to build a strong foundation for your case:

  • Gather All Relevant Documents: Collect every piece of paper related to the property and the dispute. This includes deeds, purchase agreements, contracts, leases, emails, text messages, inspection reports, and photographs. Organize them chronologically.
  • Create a Timeline of Events: Write down a detailed history of the dispute. Note key dates, conversations, and actions taken by all parties involved. This helps create a clear narrative for your attorney.
  • Limit Direct Communication: Avoid direct confrontation with the opposing party. Do not make verbal agreements, accusations, or admissions. Let all substantive communication go through your legal counsel.
  • Do Not Alter the Property: Refrain from making any changes to the property that is the subject of the dispute—do not move a fence, cut down a tree, or begin construction—until you have spoken with an attorney.
  • Keep a Journal: Document any ongoing issues. If a neighbor is blocking an easement, note the date and time of each occurrence. If a tenant is violating a lease, document each violation.

What Are the Costs of Real Estate Litigation?

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One of the biggest concerns for anyone facing a property dispute is the cost. The answer depends entirely on the type of case you have.

  • Contingency Fee: In this model, you pay no attorney fees upfront. The law firm receives a percentage of the financial recovery if you win the case. This is common in disputes where you are seeking monetary damages, such as a breach of contract where you lost money. If there is no financial recovery, you owe no attorney fees.
  • Hourly Fee: For many types of real estate disputes, an hourly fee is more suitable. This includes cases where the goal isn’t a sum of money, but a court order, like forcing a neighbor to remove an encroaching fence or clearing up a title issue. You pay the attorney for the time they spend working on your case.
  • Flat Fee: In some predictable legal matters, an attorney might charge a single, upfront flat fee. This is less common in litigation due to the unpredictable nature of lawsuits but may be an option for simpler contract reviews or document preparations.

We believe in transparency. During your initial consultation, we will review the specifics of your situation and explain which fee structure makes the most sense and why.

Frequently Asked Questions for an Olympia Real Estate Litigation Lawyer

How long does a real estate lawsuit take in Washington?

The timeline for a real estate lawsuit varies greatly. A straightforward contract dispute might be resolved in a few months through negotiation, while a boundary dispute that goes to trial could take over a year. Our first step is typically to seek a resolution through negotiation or mediation to save you time and expense.

What is the statute of limitations for a real estate claim in Washington?

The deadline to file a lawsuit depends on the type of claim. For a breach of a written contract, you generally have six years. For claims involving damage to real property, the limit is typically three years. Acting promptly is important, as waiting too long could prevent you from filing a claim at all.

Can I recover my attorney’s fees if I win my case?

In Washington, you may only recover your attorney’s fees if a specific statute allows for it or if the contract at the center of the dispute includes a “prevailing party” clause. Many real estate contracts do contain this language. Under state law RCW 4.84.330, such clauses become reciprocal, meaning the winner is entitled to fees regardless of how the clause was originally written. We will review your documents to determine if this is a possibility.

My dispute is with the City of Olympia over a zoning decision. Is that different?

Yes, lawsuits against government entities involve different rules and shorter deadlines. These are known as land use petitions, governed by Washington’s Land Use Petition Act (LUPA). Our firm has years of experience handling these specific types of cases and understands the unique procedures involved in challenging a government action.

What’s the difference between mediation and arbitration?

Both are forms of alternative dispute resolution (ADR).

  • In mediation, a neutral third party helps the two sides negotiate and reach a voluntary agreement. The mediator does not make a decision.
  • In arbitration, a neutral third party acts more like a judge, hears evidence from both sides, and makes a binding decision that is typically enforceable in court.

Your Property Rights Don’t Have to Be a Question Mark

Attorney, Thomas Dickson
Thomas Dickson, Olympia Real Estate Litigation Lawyer

A dispute over your property can disrupt every aspect of your life. But being at odds with a neighbor or trapped in a broken contract doesn’t have to end in loss.

The law provides a clear path to a resolution, and our role is to guide you along it, protecting your interests at every turn.

If you are facing a real estate conflict, allow our team at Dickson Frohlich Phillips Burgess to provide the clarity and direction you need. The next step is a simple conversation. Call us today at (360) 742-3500 to discuss your case and learn how we can help.

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Dickson Frohlich Phillips Burgess – Olympia Office

111 21st Ave SW,
Olympia, WA 98501

P:(360) 742-3500