Litigation for Commercial Real Estate Disputes

Lawyers often face the daunting task of being hired to represent a client in litigation for commercial real estate disputes. It is complicated, as most lawsuits involve many different parties, property owners, investors, lenders, or borrowers, who have their interests in the dispute.

The laws change regularly and every lawyer must keep up with these changes. Furthermore, there are often restrictions on the types of activity conducted by attorneys.

Common Causes of Commercial Real Estate Disputes

As with any litigant, civil litigation lawyer must be well-versed in the facts and circumstances surrounding the dispute. The following are some common causes of commercial real estate disputes:

Breach of Contract

When a contract is formed between two parties, the law mandates that both parties honor and maintain contractual terms. If one party fails to uphold the terms of a contract, breach of contract may be alleged.

As part of the attorney’s investigative process, they will need to investigate whether there was an agreement between the two parties. If so, it must be determined who is at fault for failing to uphold the agreement. Was the contract properly written and were all terms agreed?

Real Estate Fraud

Real estate fraud is a form of deception and misrepresentation. There are two types of real estate fraud: fraud in contract and inducement. In the real estate industry, there is generally a lot of trust between buyer and seller. If a seller is not entirely truthful with disclosing information about the property, this could be an act of fraud. Fraud committed by the seller is called “fraud in the inducement.”

Co-Owner Disputes

Many times, multiple parties will own property. For example, a building located in a major city may be owned by two or more limited liability companies (LLCs). If the LLCs cannot agree on issues related to how the property should be managed or what type of real estate should be used, they might go to court to determine who is responsible for resolving these disputes. One of the common causes of commercial real estate disputes involves co-ownership.

Contractors and Commercial Real Estate Litigation

Contractors involved in real estate disputes with the owner or property manager may end up suing their clients. The attorney representing the contractor will need to gather facts surrounding what led up to the dispute and how it should be resolved.

You will need a civil litigation attorney if they want to pursue litigation. The complexity of the case and the parties involved in real estate disputes will often make it difficult for one to handle without the assistance of an attorney.

The Challenges of Litigation for Commercial Real Estate Disputes

Commercial litigation is often a complicated process because many different parties must agree on resolving the dispute. Lawyers who represent these clients must navigate a wide range of issues, from zoning ordinances to environmental regulations.

Furthermore, some lawyers may find that they do not have the specific knowledge necessary when representing real estate companies or other businesses.

In conclusion, litigation for commercial real estate disputes is a complicated process that requires the assistance of an experienced attorney.

Because there are so many parties involved in these cases, the attorney must be well-versed in the laws and procedures surrounding the subject matter.