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Tacoma Real Estate Litigation Lawyer

Whether it involves your home, an investment property, or a commercial building, a legal dispute introduces uncertainty and deep-seated stress. However, Washington state law provides clear rights and legal remedies for property owners, buyers, sellers, landlords, and tenants.

These laws can resolve disagreements ranging from breached contracts and property line arguments to conflicts with a homeowners’ association (HOA). The path to resolution, however, often requires legal help.

Dickson Frohlich Phillips Burgess focuses on untangling real estate conflicts for clients throughout Tacoma and Pierce County. We recognize that while you deal with this disruption, you do not want to decipher statutes and legal deadlines, so we deal with it for you.

If you have questions about a real estate matter, call our team for a consultation at (253) 572-1000.

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Table of Contents

Key Takeaways for Tacoma Real Estate Disputes

  • Legal action has specific, targeted goals. A lawsuit may be designed to force a seller to follow through with a sale, stop a neighbor from building an encroaching fence, or secure money for undisclosed damages.
  • Most disputes are resolved outside of a courtroom. Negotiation, mediation, and arbitration are typically faster and less expensive than a full trial. We prepare every case for court, which allows us to negotiate from a position of strength and secure a fair settlement.
  • Tacoma’s unique environment creates specific legal issues. The region’s rapid development, large stock of older homes, and the presence of Joint Base Lewis-McChord (JBLM) all contribute to distinct types of property conflicts you may not see elsewhere.

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

A Team with Deep Roots in the Tacoma Community

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With our office at 909 A Street, blocks from the Tacoma Union Station and the University of Washington Tacoma campus, we have a firsthand understanding of the local real estate market. Our attorneys possess strong community connections and are intimately familiar with the challenges and opportunities within the Pierce County real estate landscape.

Over 100 Years of Combined Experience

Our attorneys bring more than a century of combined legal practice to your case. Our core focus is civil litigation, with a heavy emphasis on real estate disputes. We handle everything from commercial lease disagreements and eminent domain to residential landlord-tenant issues and foreclosures. This depth lets us provide professional, personalized, and solution-driven legal counsel.

Personalized Attention and a Strategic Approach

When you work with our firm, you receive direct attention from seasoned attorneys. A successful resolution begins with understanding your specific goals.

  • Decades of Litigation Experience: Founding Partner Thomas Dickson has been litigating for over 30 years and is a recognized figure in Washington’s real estate, construction, and business law circles.
  • A Trial-Ready Team: Attorneys like Alexander Wisbey, who leads our Seattle litigation group, have spent years in the courtroom. We prepare every case as if it will end up before a judge, which gives you leverage during settlement negotiations.
  • Comprehensive Support: We are not just litigators. Our team also handles real estate transactions, business law, and probate matters, giving us a broad perspective on how a single dispute affects your overall financial health.

Common Real Estate Disputes We Handle in Tacoma.

When Does a Disagreement Require a Lawyer?

Many issues can be settled directly between the parties involved. Certain conflicts, however, carry legal implications that demand professional guidance to protect your interests. Here are some of the common matters we manage:

Disputes Between Buyers and Sellers

Breach of Purchase and Sale Agreements

This happens when one party fails to meet their contractual obligations. Examples include a buyer who doesn’t secure financing on time or a seller who fails to make agreed-upon repairs.

Failure to Disclose Defects

Washington law mandates that sellers provide buyers with a detailed disclosure statement about a property’s condition. If they conceal known issues, like a leaky roof or a faulty foundation, the buyer may have a legal claim for damages discovered later.

Conflicts Involving Property Boundaries and Use

Boundary Line and Easement Disputes

An easement is a legal right to use another person’s land for a specific purpose—like a shared driveway or utility access. Disagreements over property lines and easements are frequent, especially in densely populated areas and new developments.

Adverse Possession Claims

This is a legal doctrine where a person who has openly used a piece of property for a long period without the owner’s permission may be able to claim legal ownership. These situations are fact-intensive and require a detailed historical analysis.

Issues for Landlords and Tenants

Commercial and Residential Lease Disputes

We represent both landlords and tenants in conflicts over unpaid rent, property damage, unlawful detainers (the formal term for eviction), and other breaches of lease terms.

Community and Development Conflicts

HOA and Condominium Disputes

We assist homeowners in disagreements with their associations over fees, special assessments, and the enforcement of covenants, conditions, and restrictions (CC&Rs) under the Washington Condominium Act.

Construction Defects

When poor workmanship or defective materials cause problems in a new build or renovation, we help property owners hold contractors and developers accountable for the cost of repairs.

Quiet Title Actions

This is a special type of lawsuit filed to establish clear ownership of a property. It is used to resolve competing claims and remove any “clouds” on the title, ensuring it is clear for a future sale.

What Are the Stages of a Real Estate Lawsuit?

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While every case is different, most follow a structured progression.

  • Investigation and Pleadings: After an initial consultation, our first step is to gather all relevant documents: contracts, deeds, emails, and photographs. We then file a formal complaint with the court, which outlines your claims. The opposing party then files an “answer,” and the case is officially underway.
  • The Discovery Phase: This is the longest part of the process. Both sides exchange information through formal requests called interrogatories (written questions) and depositions (sworn out-of-court testimony). The goal is to build a complete factual record and identify the strengths and weaknesses of each side’s case.
  • Mediation and Negotiation: Before a case ever reaches a courtroom, the parties are usually required to attempt to settle the dispute through mediation. A neutral third-party mediator facilitates a negotiation to see if a resolution can be reached without a trial. The vast majority of cases are resolved at this stage.
  • Trial: If no settlement is reached, the case proceeds to trial. Our team presents your evidence and arguments to a judge or jury, who then renders a final, binding decision.

Potential Resolutions in Real Estate Litigation

What Is the Goal of a Real Estate Lawsuit?

The objective of real estate litigation is not always about winning a pile of money. The legal system offers several different tools to make the wronged party whole. The right remedy depends entirely on the facts of your case and your goals.

Common Legal Remedies Available in Washington

  • Monetary Damages: This is the most common remedy. A court orders one party to pay the other for financial losses directly caused by the dispute. This could cover repair costs for a construction defect or lost rent in a landlord-tenant conflict.
  • Specific Performance: Sometimes, money is not an adequate substitute for what was lost. Specific performance is a court order that forces the breaching party to perform their side of the contract. For example, a judge could order a reluctant seller to go through with the sale of a unique property as originally agreed.
  • Injunctive Relief: An injunction is a court order that stops a party from taking a certain action. A court might issue an injunction to prevent a neighbor from completing a structure that encroaches on your property line while the boundary dispute is being resolved.
  • Rescission: This remedy effectively rewinds a contract. Both parties are returned to the financial position they held before the agreement was signed. It is typically used in cases involving fraud or serious misrepresentation in a property sale.

Local Factors That Shape Real Estate Disputes in Pierce County

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Every city has a unique real estate climate. In our years practicing here, we see certain issues arise frequently because of Tacoma’s specific environment.

  • Rapid Growth and Development: Areas across Pierce County are expanding quickly. This new construction sometimes leads to disputes over property lines, easement rights for utilities, and the quality of the construction itself.
  • The Impact of Joint Base Lewis-McChord (JBLM): As one of the region’s largest employers, JBLM creates a highly active rental market. We sometimes assist service members and landlords with matters related to the Servicemembers Civil Relief Act (SCRA) and other distinct challenges of military tenancy.
  • Aging Housing Stock: Many of Tacoma’s beautiful neighborhoods feature older homes. This can lead to disputes over undisclosed problems like outdated wiring, crumbling foundations, or plumbing failures that were not apparent during a home inspection.
  • Navigating Local Zoning and Permitting: The City of Tacoma’s land use regulations can be difficult to interpret. Disputes may arise when a property’s use doesn’t conform to local ordinances or when a neighbor’s renovation appears to violate zoning rules.

How Our Firm Protects Your Interests

When a real estate dispute begins, it’s easy to get drawn into a direct conflict. The legal process, however, is methodical. It is designed to establish facts, interpret contracts, and arrive at a fair outcome based on the law. Trying to manage this process alone is a serious risk.

The other party, whether a neighbor, a developer, or a former business partner, is likely to have their own lawyer. Their lawyer’s job is to achieve the best result for their client, not for you. Our role is to ensure your rights are fully protected.

  • We Manage All Communications: We prevent you from making statements that could be used against you later.
  • We Build Your Case with Evidence: This includes collecting and analyzing contracts, deeds, surveys, expert reports, and email chains to construct a solid, fact-based argument.
  • We Push for an Efficient Resolution: We are experienced negotiators who work to resolve your issue through settlement, mediation, or arbitration whenever possible.
  • We Are Your Advocate in Court: If a fair settlement cannot be reached, we are fully prepared to represent your interests at trial.

Frequently Asked Questions About Tacoma Real Estate Litigation

How much does real estate litigation cost?

The cost varies based on the particulars of the case. Many real estate matters are handled on an hourly basis. In your initial consultation, we will provide a transparent and realistic overview of the potential costs involved.

What is Alternative Dispute Resolution (ADR)?

ADR refers to methods used to resolve a legal dispute without a formal trial. The two most common forms are mediation, where a neutral third party helps the parties reach a voluntary agreement, and arbitration, where a neutral arbitrator hears evidence and makes a binding decision.

How long does a real estate case take?

The duration of a real estate case depends entirely on the dispute’s complexity, the amount of evidence required, and the willingness of the parties to settle. A swift resolution often occurs through effective negotiation and mediation. Our goal remains to find the most efficient path to a favorable resolution for you.

How long do I have to file a real estate claim in Washington?

Washington has laws called statutes of limitations that set firm deadlines for filing lawsuits. For a breach of a written contract, the deadline is generally six years. For other claims, the timeline could be shorter. It is always best to consult with a lawyer to determine the eligibility of your case.

My property is in Puyallup. Can you still help?

Yes. Although our office is in Tacoma, we represent clients in real estate matters throughout Pierce County and Western Washington, including in Puyallup, Gig Harbor, and Federal Way.

What is the difference between monetary damages and specific performance?

Monetary damages compensate the wronged party for their financial losses, such as the cost of repairs for a defective home or lost rental income.

Specific performance is a court order that forces a party to complete their end of a contract, typically used when the property is unique and money alone cannot make the injured party whole, like forcing a seller to close on a home sale.

A Property Dispute Doesn’t Have to End in Financial Loss

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

The law provides a clear process for resolving these conflicts, and having the right guide can make all the difference.

You may worry about the expense or the stress of a lawsuit. But the cost of inaction—of losing your property rights, accepting a bad deal, or paying for repairs that someone else caused—is almost always higher.

The team at Dickson Frohlich Phillips Burgess is here to provide the clear, knowledgeable guidance you need. We will review your situation, explain your legal options in plain language, and develop a strategy tailored to your goals.

Your next step is to get clarity. Call our Tacoma office today at (253) 572-1000 to schedule a confidential consultation.

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Dickson Frohlich Phillips Burgess – Tacoma Office

909 A St Suite 900,
Tacoma, WA 98402

P:(206) 621-1110