|
Real Estate Litigation
Whether you are a landlord, tenant, purchaser, or seller, real estate
disputes are significant and can involve the future viability of a
business. If a tenant doesn’t pay rent, if a landlord won’t make repairs,
if a prospective buyer wants to back out, if an easement or restriction is
discovered or enforced after a sale, or any other real estate
dispute arises you will want experienced counsel to help you. These
disputes necessarily involve analysis and interpretation of voluminous legal
documents. A judge, jury, or arbitrator will need to have the pertinent
provisions and issues presented in a clear, concise manner. Counsel will
also need to have a working knowledge of the law, including all action that
must be taken before a recovery can be sought. For instance, a contract may
require written notice and an opportunity to cure any default. There is no
substitute for experienced counsel when it comes to real estate litigation.
Damages from a lost lease, from the intended use of land, or from other
disputes can easily reach hundreds of thousands or millions of dollars.
Experienced attorneys know that just showing a party is liable does not mean
a case is won. Counsel must also be able to prepare and present viable and
understandable damage models, ensure a party takes action necessary to
mitigate damages (such as showing the landlord sought a replacement tenant),
and looks at damages from different perspectives and angles (such as lost
profits, lost business opportunities, etc.). Good counsel also looks at
whether other parties may be liable for damages and ensures every possible
avenue of recovery has been examined.
Many leases and real estate contracts contain waivers of trial and
require arbitration or some other form of alternative dispute resolution.
Arbitration is different from litigation, and information about arbitration
can be found on our website. Our attorneys are experienced with these and
other forms of alternative dispute resolution. At Drew & McCallum we have
assisted businesses, entrepreneurs, and individuals with real estate
disputes involving leases, purchases, surveying/inspection issues,
construction liens, title issues, home owner association disputes, and other
disputes. Let our experience benefit you.
|