Commercial real estate litigation can be a tricky business, especially when legal disputes arise, that’s when you’ll need an experienced law firm like Lubliner Law PLLC behind you all the way.
Many times, contacting an attorney at the first sign of impending trouble can lead to resolving the dilemma using an alternative dispute resolution or settlement instead of going through the process of more costly litigation.
What is Commercial Real Estate Litigation?
Commercial Real Estate Litigation is a practice that’s concerned with income-producing real estate and real estate projects including:
- Retail centers
- Condominium Developments
- Multifamily developments
- Apartment buildings
- Office buildings
- Special Purpose
Who’s Involved in Commercial Real Estate Litigation?
A variety of players in the world of real estate including:
- Commercial real estate owners
- Builders and contractors
- Lenders and Financial Institutions
- Commercial landlords and tenants
- Real Estate Brokers and agents
- Owners’ associations
The litigation aspect arises when disputes happen between parties and these entities. Basically, the list is wide and varied but typically disputes come up in these categories and stages of development:
Commercial Real Estate Litigation can be extremely complex because it involves many overlapping areas of law — federal, state city, county government, intricate contracts, big money and valuable property.
Developers and Commercial Real Estate Litigation
Developers commonly face issues such as purchase and sales agreements, disputes over zoning and entitlement issues. They can also have issues with contractors during the construction process such as:
- Contract disputes
- Breaches of contract
- Construction administration issues
- Construction defects and delays
- Cost and payment disputes
- Design disputes
- Time disputes
- Construction liens and bond claims
- Job abandonment disputes
- Workmanship claims
Commercial Real Estate and Zoning Issues
Zoning issues represent a very common aspect of commercial real estate disputes.
What is Zoning?
Zoning is a way for the government to control the development of land and how the property will be used. Typically a community is zoned into residential areas, industrial areas, commercial areas and recreational. Broad areas are then subdivided further. For example, a residential zone can be subdivided into single-family, multiple-family, and mixed use.
Issues for Commercial Real Estate generally happen between private commercial property and the local city government or when commercial businesses are located close to residential.
Examples of Issues for Commercial Real Estate:
- A commercial business parking lot that’s near a residential area.
- Residential owners’ views obstructed by commercial buildings that are too tall
- Setback issues arise when a party feels an ordinance regarding minimum distance that a building can be located from a property line or road has been violated
- Commercial property signs are causing an appearance issue
- Commercial property noise issues
- Commercial, Industrial or agricultural property pollution issues
Issues are as varied as the party bringing the complaint. They can involve communities fighting to stop a development because they feel it will impact their quality of life, traffic or the environment.
Lenders and Commercial Real Estate Litigation
What happens when lenders and borrowers clash over a loan? Litigation! For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery.
Junior, mezzanine lenders, and mechanic lienors come with even more complex issues such as subordination obligations and priority rights to the real property and loan proceeds.
Property Owners and Commercial Real Estate Litigation
Although commercial property ownership is different then your typical residential, the issues that can arise for commercial property owners are very similar. Commonly disputes come up over unpaid rent, who is responsible for paying for repairs and restoration, rights of first refusal.
How We Fight for Our Commercial Real Estate Litigation Clients
As experienced lawyers well versed in all aspects of commercial real estate law such as buying and selling, contracts, leases and zoning laws. We are well-suited to represent clients in all areas of commercial real estate litigation like when our clients find themselves faced with any state, federal, county or city property dispute. We can also step in on the financial side with help during disputes between lenders, borrowers and in bankruptcy court. We’re there for any construction disputes or during arbitration.
The important thing to know is that our approach to litigation is aggressive. We vigorously fight for our clients using innovative strategies for the most cost-efficient legal services.
We are experienced advocates that vigorously represent the rights of our clients. Call Lubliner Law (561) 207-2018 for a free consultation, or email firstname.lastname@example.org — We’re Here to Help.