Real Estate Litigation
Real estate disputes can be as diverse as the parties and the projects themselves. For developers, litigation can arise with land sellers over purchase and sale agreements. With municipalities, litigation may occur over zoning and entitlements. Contractors may encounter litigation over construction bidding, cost overruns or construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt and collateral recovery. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Our firm is accomplished at advising clients in numerous complex real estate matters. We handle disputes over the sale of buildings and portfolios, rights of first refusal, landlord / tenant, financing documents, rent reset proceedings, option agreements, quiet title disputes, specific performance cases, title insurance claims, joint ventures, condemnation and quick take proceedings, and environmental aspects of real estate. We have experience in every facet of real estate litigation and represent clients in various forums, including state and federal court, quasi-judicial, and administrative proceedings.
Effective real estate litigation requires striking a balance between aggressive litigation and the ability to resolve a case with alternative dispute resolution or mediation. In order to achieve our clients’ objectives, we draw upon our expertise in other disciplines including environmental, tax, corporate and restructuring/bankruptcy law. In addition, equitable considerations are often present because of the unique nature of real property rights.Our Major Real Estate Litigation AreasContract Disputes
Contracts set forth the terms, conditions, and remedies that are available to the parties in real estate transactions. Should a dispute arise, we emphasize early intervention to prevent escalations and preserve relationships. Our attorneys can work with you to negotiate with other parties or capably represent you in mediation, arbitration or contested proceedings.Landlord / Tenant Litigation – Commercial and High Value Residential
Our attorneys represent landlords and tenants in disputes over commercial leases, breaking or terminating leases, evictions, and property damage claims.Escrow Deposit Disputes
If you believe that you have a legal claim to an earnest money deposit for breach of contract or you have a claim for wrongdoing involving an escrow account in a Florida real estate transaction, our attorneys have the experience to offer legal guidance on how best to right that wrong.Property Insurance Claims
Businesses and individuals purchase a variety of policies to protect both their property and the company. Our firm can help you challenge insurance claims that have been denied in "bad faith," or in violation of the terms and conditions of the policy and can represent you if you are sued for something that is covered by an existing insurance policy.Quiet Title Litigation
The purpose of a quiet title action is to bar prior owners, mortgage and lien holders from asserting any interest in real property. With quiet title litigation, our attorneys can help you obtain what is necessary to offer marketable, insurable title to a prospective purchaser or obtain title insurance for yourself.Partition of Real Property
A partition action allows those who own property in common to sever their interests and take their individual share of the property. Our attorneys are accomplished at perusing partition when co-owners differ on whether to sell, keep, or divide the property.Construction Defect Disputes
Construction defect claims involve statutory (and complex) pre-requisites that must be satisfied before initiating litigation. We dedicate a team of highly capable attorneys to help you with your construction defect disputes.Eminent Domain / Quick Take Proceedings / Inverse Condemnation
Our attorneys focus on protecting their clients’ rights to their property and to fair compensation for the real estate that the government aims to purchase or has encumbered. The law firm is accomplished at eminent domain cases involving single-family homes, apartment complexes, business structures, industrial complexes, and vacant lots among others.
- Commercial Landlord Tenant
- Residential Landlord Tenant
- Property Insurance Claims
- Escrow Deposit Disputes
- Construction Defect Disputes
- Partition (Division of Real Property)
- Procuring Cause
- Quiet Title Lawsuits
- Condominium Disputes
- Foreclosure Defense
- Commercial Code Enforcement Disputes
- Eminent Domain