The practice of commercial real estate litigation includes real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium/coop developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves.
Court cases involving commercial real estate are relatively common. These may arise out of confusion concerning the terms of a contract, the refusal of a party to follow state and city laws, or even issues over land-use. If you are currently a party to one of these suits or anticipate conflict in the near future, a New York City real estate litigation lawyer may be able to help.
Litigation describes legal action where one party seeks a remedy from another and is typically a last resort after all attempts to settle to have failed. In any dispute, it is best to work with a communicative attorney who will evaluate your situation, explain the relevant laws, protect your interests and work towards a satisfactory solution.
The commercial real estate sector is a valuable marketplace in NYC. Every person and business entity dealing with property wants to maximize profits and maintain their position. Unsurprisingly, disputes over property rights and the flow of cash are common.
Many disputes arise during the sale or leasing of commercial property. These could involve the terms of contracts that determine the rights of all parties as well as the sale price. Often, such contracts are complicated and interrelated and may involve the presence of easements or other clauses that grant rights to third parties.
Here, it may be necessary to file a lawsuit alleging breach of contract in a civil courtroom. According to New York Civil Practice Law & Rules § 213, parties have six years from the alleged breach of contract to demand enforcement in court. A proactive local attorney who focuses on real estate litigation could provide assistance throughout this process.
Disputes may also arise once a party takes possession of property. These often involve the landlord-tenant relationship. For example, controversies can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal. New York City and the state as a whole enforce strict rules concerning tenant rights and eviction procedures. These will often impact the ability of a company or business to begin operations in newly leased locations. An NYC real estate litigation lawyer could take the lead in pursuing these cases or defending parties against allegations of breach of contract.
Many people imagine litigation as the process of arguing a case in court before a jury. While this is certainly a possibility, most cases that enter litigation never reach this point. In fact, it may be possible to obtain a satisfactory result without ever needing to file a case in court.
Litigation begins when one party identifies an area of dispute. This can include the nonpayment of funds or the failure to provide property as stated in a contract. If the parties agree that a violation has occurred, it is possible to reach a negotiated solution. Here, a skilled attorney in New York City could represent the interests of a party during a real estate dispute.
It is only when these negotiations fail that a case will go to court. Even so, filing a case in court does not guarantee that a full trial will be necessary. An experienced property litigation attorney could advise on pursuing a positive result while minimizing stress and costs.
Litigation describes any situation where parties have a dispute under the law. This may result from arguments concerning the terms of a contract or landlord-tenant disputes. Fortunately, it may be possible to protect your legal rights without taking a case to court through effective negotiation techniques.
However, cases do occur where going to court is necessary. In either situation, a New York City real estate litigation lawyer could explain your rights, research the relevant laws, and advise you on pursuing a positive outcome through negotiations or the court system. Call us today to get started.
