---
title: "Post-Closing Real Estate Disputes: Arbitrate or Litigate?"
description: when to go to court over a real estate transaction
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAEoJjRlS9M.png
---
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08/25/2021
# Post-Closing Real Estate Disputes: Arbitrate or Litigate?
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The housing market has been on fire for a long time. That means there have been a lot of transactions and a lot of big money in the market. What is starting to happen now though is that problems are arising after the sale. Here is what I am seeing.
The age old problem of failing to disclose material facts is still prominent. Sellers have the affirmative duty to disclose facts that adversely affect the daily living. Sellers must also disclose certain historical problems with the house. But, if there is a pipeline going in through Lino Lakes, it is nearly certain a homeowner in Hugo does not need to disclose that. The pipeline may be undesirable, but it does not affect the use and enjoyment of the home.
Another common problem arising is unpaid delinquent taxes. Counties are imperfect at publishing tax data. Sellers are in the best position to know what is owed. If a seller does not accurately report what is owed for taxes, they are committing a potential fraud by signing a closing statement that does not accurately reflect the financial information related to the transaction.
Other, similar problems are arising. Whether you should arbitrate or litigate the problems is something to discuss with a lawyer. Even if arbitration was not agreed to, it can be agreed to between the parties after the fact. Assessing the merits of your claim, the damages you may be entitled to, and what forum to address your dispute in are all issues I have experience in and can help you with.
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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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