Contract Disputes and Property Disputes in Alabama
Contract disputes and property disputes in Alabama are civil matters that the involved parties can settle legally in a state court, in accordance with the law. Such disagreements usually arise as a result of disagreements among individuals or organizations.
Within the state, the trial courts of the Alabama Judiciary hears both contract disputes and property disputes. The Alabama Circuit Courts have jurisdiction over such proceedings when the claims involved is more than $10,000. The state District Courts also have concurrent jurisdiction with the Circuit Courts.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Alabama?
Contract disputes in Alabama occur when a party violates the terms of the agreement, which results in a breach of contract. Usually, the contract always establishes the obligations that an involved party must complete and the failure to perform them can also result in contractual disputes.
What are the Most Common Contract Disputes in Alabama?
The most frequent types of contract disputes that occur in Alabama include:
Breach of Contract: This occurs when a party fails to fulfill their duty as stated in the contracts.
Offer and acceptance dispute: This occurs when there is a disagreement about the terms proposed by a party that another party is unwilling to accept.
Meaning of a technical word used: There may be disputes by the involved parties about the interpretation of a technical term used in the contract.
Claims of fraud/coercion: Contract disputes may arise if a party alleges that it entered the contract unwillingly through force or some fraudulent practices occurred.
Errors in the contract: Contract disputes can occur if there are errors in the terms agreed upon by the involved parties.
What is Alabama Contract Law?
Section 7–2–201 of the Alabama statutes address the scope of the contract in the state. For contracts concerning goods that are above $500, the parties must put it in writing and sign in order for it to be valid and enforceable. The features of a valid contract in Alabama are:
- Exchange (goods/services)
What is a Breach of Contract in Alabama?
Under Alabama Statutes, a breach of contract happens when a party violates the contractual terms. The violating party may not have fulfilled their obligations as they should or at all. A breach could also occur if certain an involved party incurs certain damages in the course of fulfilling their obligations.
A material breach of contract occurs when there is failure on the part of a party to perform their obligation correctly and it causes the agreement to be unworkable and broken. A minor breach does not necessarily affect the contract and arises when the breaching party does not complete their obligations at the agreed time.
What are the Remedies for a Breach of Contract in Alabama?
Remedies that are available to resolve breach of contract cases in Alabama include:
Compensatory damages: This remedy involves the breaching party paying a particular sum to the aggrieved party as compensation for constituting a breach in their agreement.
Restitution: If a court orders restitution, the breaching party is typically ordered to give up any gains they made dues to the breach of contract. Its aim is also to restore the parties to the state they were before the breach of contract occurred.
Contract Rescission: In cases where the breach occurred via duress or fraud, the remedy can be the termination of the contract to rescind the obligations of the aggrieved party.
Contract Rectification: The involved parties can resolve to reform/rewrite the contract after a breach occurs.
Specific Performance: This is an equitable resolution for a breach of contract. The court’s verdict usually includes the breaching party carrying out an act of redemption.
Aggrieved parties can file a breach of contract suit at the trial court within their county area. If the damages amount to more than $10,000, the claims can be filed at the Circuit Courts. The Alabama District Courts hears breach of contract cases that involve damages between $3,000 to $10,000.
To file a breach of contract suit, interested parties can pick up a complaint form at the appropriate trial court within their judicial district. The complaint form is usually completed by putting the details of the claims, the contact details, and other identification details of the defendants. Claimants will also pay the required filing fees. All complaints can be filed at the Clerk’s Office location or via U.S mail. Alternatively, complainants can file via the court’s electronic filing website.
What Defenses Can Be Used Against a Breach of Contract Claim in Alabama?
Possible defenses that a party can use against a breach of contract claim in Alabama include:
- The defendant entered the contract under undue influence
- Statutes of frauds error
- Fraudulent means in the contract
- A mutual error committed by the involved parties
- Lack of a precedent condition
- The legal period for the case has elapsed (Statutes of limitation)
- Assumption of risk by the plaintiff
What are Property Disputes in Alabama?
Property disputes in Alabama involve disagreements between parties over real estate. Title 35 of the Code of Alabama provides the statutes for all property dealings and disputes within the state’s jurisdiction.
What Are Some Common Types of Property Disputes in Alabama?
Frequent property disputes that happen in Alabama include:
- Landlord and Tenants disputes: Chapter 9 of the Alabama Property code addresses such disputes in regards to the eviction process, rent, use of land or property, and responsibility of damages to property.
- Disputes arising from property salvage: If a property is adrift, individuals can secure such properties for themselves. Issues may occur if the original owner of the property wishes to reclaim it.
- Boundary disputes: Disputes may arise from the determination of a property line between neighbors.
- Illegal destruction of trees: When a property owner’s tree is wrongfully destroyed or removed, they can seek damages under chapter 14 of the Property Code
- Property disputes may also arise from the violation of the Alabama Homeowners’ Association Act
- Disagreements may also occur if property owners violate the Alabama Uniform Environmental Covenants Act
How to Find Property Lines in Alabama?
Property lines in Alabama refer to boundary indications that separate properties with indicators like fences and gardens.
Interested persons can find property lines by obtaining assessor records at the county assessor’s office where the property is situated. During legal property disputes, the court may also order a survey done so that the surveyor can determine the property line. The Library of Congress also provides resources that interested persons can use to check satellite maps to view property lines.
How do I Find a Property Dispute Lawyer Near me?
To find a property dispute lawyer, interested persons can use the Alabama State Bar member search tool. Interested persons can fill in the query boxes and search to produce results on suitable lawyers near them.