Hiring a Real Estate Litigation Lawyer

Hiring a Real Estate Litigation Lawyer

Resolving Disputes by Hiring a Real Estate Litigation Lawyer

Real estate is a litigation magnet, from development and transaction disputes to conflicts between co-owners or among tenants and landlords. A simple contractual dispute can quickly escalate to threats of liens, lawsuits, injunctions and foreclosures, quickly overriding more sensible outcomes.

We represent clients in real estate litigation that result from environmental issues, land use and sophisticated transactions. We counsel clients regarding disputes over condemnation, building and building portfolio sales, first refusal and first offer rights, environmental aspects of land use and real estate development, disputes over financing documents, complex commercial landlord-tenant disputes, rent reset proceedings and different types of complex commercial real estate valuations. We also represent clients in the real estate industry in various insurance and commercial-related litigation.

Advantages of Hiring a Real Estate Litigation Lawyer from Rozhik Law Firm

Our real estate litigation lawyers have an advantage in that we work closely with Real Estate Practices to develop innovative solutions and strategic approaches to numerous disputes. We often collaborate with, and use the expertise of other disciplines, including tax, environmental, and corporate to address issues that may arise. We have extensive experience in just about every aspect of real estate litigation and represent our clients in several forums, including federal and state courts, federal, state and administrative agencies as well as arbitral organizations.

Real Estate Litigation Defined

Real estate litigation can be defined as the handling of any disputes arising from real property. This includes disputes that arise during property acquisition, and disputes arising out of other interest in the property, including ownership rights.

Disputes arising out of property acquisition could for example be as simple as a disagreement related to the sale and purchase, which is essentially a disagreement over the sale and purchase agreement and the terms to which the parties agreed. This could include things like what was represented before the sale, what should be delivered, or things that should be done in connection with the sale or before the sale. There can also be a dispute about whether a property’s material defects were disclosed to the buyer. These disputes can relate to commercial or residential transactions.

Different Reasons to Hire a Real Estate Litigation Lawyer

Rozhik Law Firm PLLC handles many types of real estate litigation, be it via trials or real estate dispute arbitration. Real estate litigation can be a simple breach of a real estate contract between a buyer and a seller, or it can involve complex title issues.

Financial Disputes in Commercial Real Estate

Rozhik Law Firm PLLC understands corporate structures, financial analysis, equity and debt financing, property and asset valuation, and other complicated financial issues in the real estate industry. Our real estate attorneys have successfully represented lenders, developers, tenants, landlords, REITs and other financial services firms in disputes involving sale and purchase contracts, specific performance, escrow disputes, fraud and rescission claims, foreclosure actions, inter-creditor disputes, secured loans, bad-faith lender claims, and lender liability. We also represent clients in bankruptcy proceedings, debt restructuring and loan workouts.

Complex Disputes in Commercial Leases

Our real estate attorneys have successfully represented many tenants and landlords of retail, office, and other commercial facilities in all lease dispute scenarios. Our lawyers understand the leasing market in New York intimately. We are familiar with the complex financial and technical issues involved in this type of lease and our expertise enables us to protect both tenants and landlords. We represent clients in cases such as option and termination disputes, fair market rent reset arbitrations, complex operating expense disputes and right of first refusal disputes.

Arbitrations for Fair Market Rent Resets

Rozhik Law Firm PLLC represents tenants and landlords in all aspects of arbitrations for fair market rent resets.

Real Estate Joint Venture & Partnership Disputes

We represent numerous forms of ownership, including limited liability companies and partnerships, in joint venture and other intricate disputes involving issues such as participation rights, dissolution, management and termination rights. Our lawyers also represent parties to operation and management agreements in the multitude of legal disputes that can arise from these arrangements. If at all possible, our aim in these representations is to prevent litigation, although if necessary, we are able to litigate matters to trial.

Disputes with Real Property Insurance

Our lawyers represent clients in various aspects of casualty, property and title insurance claims, including insurance exclusions, liability and coverage.

Disputes over Land Use

Rozhik Law Firm PLLC provides a wide range of legal services in various areas of land use laws. We represent clients in disputes regarding special permits, zoning changes, tax abatements, variances, development, environmental issues, building code and construction disputes, and disputes related to historic preservation and landmarking.

Property Dispute Resolution

Real estate litigation may also involve the rights of a landowner where they may have potential claims for nuisance or trespassing, or for something that happens on a neighboring property. Rozhik Law Firm PLLC is experienced with resolving and litigating disputes that include all of the types mentioned, whether it arises out of the sale and purchase of property, or whether it arises out of existing ownership and an infringement on their rights.

Nuisance or Trespassing Claims

Our real estate clients are either legal entities individuals who are involved in acquiring property. For our firm, its predominantly commercial property, where our clients have acquired or are acquiring commercial property and a dispute has arisen over the sale and purchase of the property.

Our clients could be business or direct owners of real property and a dispute has arisen out of some type of infringement on their property ownership rights. This could be a trespass or nuisance claim which infringes on their ownership of the commercial property.

Real Estate Litigation Lawyer for Property Rights, Title Defect Claims, and Boundary Disputes

Real estate litigation can also involve property rights use, title defect claims and boundary disputes, or even environmental issues relating to properties. It can also involve the appropriation of properties by governmental agencies.

One of the complex real estate litigations we’ve been involved in was to resolve the conflict between a mining company having mining rights and the surface estate’s owner. Although the mining company had the right to mine minerals, this interfered with the surface estate owner’s operations.

In this specific case, the mining company exceeding its rights and it led to litigation in a federal court. The case was very complex and it took many years to resolve. We were however ultimately successful in resolving the case with a positive outcome for our client.

Anticipatory Breach of Contract

Anticipatory breach of contract is litigation that is brought before a contract is in fact broken. In one case, a large regional home builder had ordered doors from a developer. Halfway through the project, the builder informed the developer that the doors ordered would not be purchased, even if they were delivered on time.

The developer brought an anticipatory breach of the contract case and ultimately won, forcing the builder to purchase the doors.

Encumbrances or Easements on Property

There can be real estate litigation regarding encumbrances or easements on a property such as a mortgage or a lien. In these cases, a business owner, homeowner, developer or a number of other players that are involved in transactions and business deals could be involved.

When litigating, the attorneys in our company don’t typically put a deal together, although we are often involved in the process. This involvement could include answering questions, or assisting with the resolution of disputes.

Rozhik Law Firm Real Estate Litigation Lawyer Experience

Our law firm represents property developers, investors and owners. We have extensive experience in a wide range of conflicts in the real estate sector, including:

• Earnest money recovery
• Breach of contract
• Zoning and land use disputes
• Title insurance litigation
• Fiduciary duty breaches
• Fraud, misrepresentation and nondisclosure
• Wrongful foreclosure
• Disputes in real estate partnerships and joint ventures
• Landlord/tenant disputes
• Real property contract disputes
• Quiet title actions
• Commercial and retail evictions
• Land use and deed restrictions
• Eminent condemnation and domain
• Zoning
• Actions against adverse possession
• Mechanics liens
• Easements
• Boundary disputes
• Lis pendens issues
• Nuisance and trespass claims
• Property tax disputes
• Injunctive relief
• Closing problems
• Fraud, misrepresentation or nondisclosure
• Partition and co-owner disputes
• Earnest money deposit or down payment recovery
• Access and license actions or agreements
• Declaratory judgment actions
• Construction litigation (mechanic’s liens, defects, nonperformance)
• Construction and contractor contracts
• Commercial and residential lease disputes
• Ownership interests
• Real estate under distress
• Loan workouts
• Constructive trusts
• Foreclosure
• Contractor disputes

We also provides assistance to businesses in distress, which often involves commercial real estate held as collateral. We negotiate loan workouts for owners and help those clients restructure and reorganize their debt so that assets, including commercial property, can be liquidated in an orderly way, or retained.

If you need a real estate litigation lawyer, contact Rozhik Law Firm PLLC. We provide fast intervention to position clients for litigation or resolve real estate disputes. We have many years of experience that allows us to assess the situation quickly, present the various options and take applicable action.