5 Common Real Estate Disputes in Boston And How to Resolve Them

Real estate in Greater Boston moves fast—and when expectations don’t align, even small missteps can turn into expensive, time-consuming disputes. Whether you’re a buyer, seller, landlord, or tenant, understanding the most common issues (and how to resolve them early) can save time, money, and relationships.

From purchase agreement issues to landlord and tenant disputes, this guide outlines where problems often arise and how working with a seasoned real estate lawyer can keep things on track.

1. Purchase and Sale Disagreements

Deals often fall apart when contract expectations don’t match reality. Disputes commonly arise over:

• Earnest money disputes
• Inspection findings
• Financing delays
• Missed deadlines

To stabilize the deal:

• Request short extensions tied to clear deliverables and escrow updates
• Use a narrow addendum to resolve one issue without reopening the entire deal
• Bring in a neutral mediator experienced in closings
• Confirm all timelines with your lender, attorney, and title company
• If the deal collapses, negotiate a release that fairly divides the deposit and ends further claims

2. Title, Boundary, and Easement Issues

These disputes often surface after contracts are signed—or worse, after move-in. Common examples include:

• Outdated or undisclosed liens
• Boundary line confusion (like fences or driveways)
• Unclear access or easement rights

Resolution options include:

• Ordering a title search and requesting curative action
• Commissioning a boundary survey with physical markers and a written report
• Negotiating recorded easements or licenses that reflect actual use
• Filing a quiet title action if cooperative steps fail

3. Condo, Neighbor, and Rental Conflicts

Living near others can introduce friction—especially when policies or expectations aren’t clear. These conflicts often stem from:

• Noise complaints
• Maintenance or repair issues
• Shared costs or space usage
• Landlord and tenant disputes over deposits, repairs, or timing

To prevent escalation:

• Rely on written condo board policies and payment plans aligned with budget cycles
• Create maintenance schedules with clear notice and contact protocols
• Document everything—photos, emails, work orders—to maintain an accurate record
• Try mediation before formal action to preserve neighbor relationships and avoid court

4. Construction Defects and Property Damage

Construction-related disputes often center around:

• Water intrusion or workmanship issues
• Incomplete or delayed projects
• Disagreements over change orders or payment

To keep projects moving:

• Create a detailed punch list with agreed deadlines and acceptance steps
• Use a third-party inspector to establish neutral facts
• Review insurance coverage and warranties
• Consider structured settlements that tie repairs to clearly defined releases

5. A Pre-Action Checklist for Early Resolution

Before escalating to legal action, take a few basic steps:

1. Write a one-paragraph timeline and gather contracts, messages, and photos
2. Define your ideal outcome and two fallback options
3. Initiate a brief discussion, then confirm takeaways in writing
4. Consider mediation to maintain control and reduce cost
5. Consult a real estate lawyer to assess your legal rights and map a strategy