Real estate litigation falls into a variety of subject areas. The Firm is equipped to handle several varieties of real estate litigation concerning all types of real estate, whether it be residential, commercial, developments, hotels, industrial, malls, multi-use, office, retail, or other types of properties. We strive first to prevent litigation, but when it happens, we pursue it aggressively to exceed clients’ goals. Examples of real estate litigation are described here.
Types of Real Estate Litigation That Nematzadeh PLLC Handles
Breach of Contract or Partnership Agreements
If a party to a purchase and sale agreement, partnership agreement, brokerage agreement, construction agreement, lease agreement, confidentiality agreement, non-disclosure agreement, or another type of real estate agreement makes misrepresentations, fails to close escrow, breaches the contract, breaches a covenant of good faith and fair dealing, tortiously interferes with an agreement or business relationship, or is unjustly enriched, the other party can pursue real estate litigation to obtain remedies, such as monetary damages or specific performance. We are equipped to represent all types of parties, whether they are plaintiffs or defendants, in these disputes. For example, the Firm represents a real-estate developer in confidential arbitration against a counter-party to a terminated real-estate transaction.
Disputes are legion between real estate sellers, purchasers, developers, and brokers or agents in connection with owed fees or other terms. We handle this type of litigation on behalf of all types of parties. Nematzadeh PLLC’s unique legal fee models—such as taking matters on hourly fees, part hourly fees, fixed fees, contingency or success fees, phased fees, or a hybrid thereof—enable us to align our incentives and interests with yours.
Breach of Covenants or Warranties
Sellers of real property guarantee that they possess clear title to that property, along with other covenants and warranties. Buyers also provide covenants and warranties. A party that breaches such covenants and warranties can be held liable for monetary damages, specific performance, or other remedies. We are equipped to represent all types of parties, whether they are plaintiffs or defendants, in these disputes.
Condominium and Cooperative Litigation
We are equipped to represent condominiums, cooperatives, unit holders, shareholders, directors, or officers in litigation concerning all facets of a building, its residents, its developers, its contractors, or its management’s needs.
We are equipped to represent real estate developers, owners, residents, sponsors, or others who have claims against deficient construction or other types of breaches by architects, contractors, sub-contractors, engineers, insurers, or others, whether concerning buildings undergoing construction, newly constructed buildings, or buildings needing or undergoing renovation or repair. And we are equipped to represent architects, contractors, sub-contractors, engineers, or others for breaches of construction agreements. We strive to protect our clients’ interests and financially increase the value of their investments.
Real Estate Litigation: Easement Disputes
Disputes often arise between property owners and local governments and utilities about the validity or scope of an easement. Owners of neighboring properties can also have conflicts about property boundaries, construction, nuisance, and variance issues. We can represent a myriad of parties in such litigation.
Real Estate Litigation: Landlord-Tenant Disputes
We represent landlords against tenants in all types of disputes, including, without limitation, termination and eviction, lease terms, health and safety standards, and security deposits and returns. Recognizing that New York has some of the most complex landlord-tenant laws in the world, we provide a full spectrum of litigation services for landlords, assisting clients in navigating the complexities of these laws, starting from when a client first considers purchasing new property, taking title, and day-to-day management, through selling.
In essence, landlords usually have one of the following four goals in landlord-tenant litigation: (i) to get rent paid fully and quickly; (ii) to force a tenant to comply with the law and lease; (iii) to evict a tenant for violating the lease or law or staying past the lease expiration or termination (indeed, even removing a squatter); and ultimately (iv) to preserve, if not increase, the value of the property (and even the condition and safety of it). We understand these goals and strive to achieve them as effectively, efficiently, and creatively as practicable.
When conflicts arise between multiple parties over a claim or interest in real property, a quiet title action is necessary to establish ownership of the property and “quiet” claims from clouded property transfers that have occurred previously. We are equipped to represent a myriad of parties in such litigation.
When real property is jointly owned, and the owners cannot agree on what to do with the property, which is a common dispute among beneficiaries of an estate, one of the parties can file a partition action to obtain a court order to divide the property. We are equipped to represent a myriad of parties in such litigation.
Contact Nematzadeh PLLC by calling 929-604-3181 or emailing email@example.com for a confidential, free consultation. In order to partner long-term with our clients, we are able to explore creative legal fee structures, including contingency fees, success fees, hourly fees, or a combination of them.