Real Estate Litigation (and how to avoid it)
firm has extensive experience with lawsuits involving title to land,
wrongful foreclosure, mortgage workouts, nuisance, trespass, partitioning
of land between joint owners, real estate purchase contracts, earnest-money
interpleader, negligent construction, boundary-line disputes, quiet
title, deed reformation, materialmen's liens, condominium issues,
bankruptcy adversary proceedings and contested matters, and landlord
and tenant cases.
is often called on by transactional attorneys, non-specialized litigators,
and real estate agents or brokers to "fix" delicate or complex
issues involving real estate. (Almost all of the firm's referrals
come from other attorneys and former clients.)
house may be the most valuable asset that one will ever acquire.
Purchasing or leasing a home or a commercial property, an ostensibly
simple exercise, can actually be (and usually is) enormously complex,
and can cause similarly enormous legal headaches. It just makes
sense to secure a (relatively inexpensive) legal opinion on your
real estate transaction before signing on the dotted line.
Any purchaser or seller should adopt a "team approach."
In addition to hiring a real estate agent, a home buyer or seller
would be wise to consult an attorney to review contracts and loan
applications, to parse closing documents, and to give advice on
legal and non-legal considerations that a real estate agent often
cannot or will not address. The firm regularly collaborates with
experts in engineering, surveying, contracting, construction trades,
structural pest control, and finance.
While a commission-driven real estate agent may encourage closing
on a risky transaction, an attorney with no stake in the deal may
have a different perspective. The firm can give you an expert and
unbiased opinion on your real estate transaction ... and before
it's too late.
It also goes without saying that one should never
pay a deposit to or sign a contract prepared by a home builder or
contractor before consulting with a qualified attorney. Builder
warranties, conditions of payment, draw schedules, and lien waivers
and affidavits are just a few of the many considerations that often
get ignored as a project gathers "momentum."