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Real Estate Litigation

Real Estate Litigation

Massachusetts Real Estate Litigation Attorney

Sophisticated real estate litigation is a major practice area of our firm. We are knowledgeable and experienced in all aspects of real estate development and litigating real estate disputes. We represent property owners, developers, builders, management companies, brokers, and investors. We have handled many lawsuits and legal disputes in areas such as the following:

Financing disputes

Contract disputes regarding the purchase and sale of land

Land use, zoning, and permit disputes

Landlord-tenant disputes

Homeowners association disputes

Partnership and LLC disputes

Environmental contamination issues

Real estate transactions and real estate financing can be complex, particularly since multiple parties and large sums of money are generally involved in any real estate deal. Unfortunately, this inevitably leads to a fair number of legal disputes arising from real estate purchases, sales and financing. When difficult contractual issues are front and center, the parties involved simply may not be able to settle such disputes on their own.

If you become involved in a real estate contract dispute, you will need an experienced Massachusetts real estate litigation attorney by your side. Real estate litigation is a unique area of law. You need counsel who understands the legal and factual details that will help determine whether you obtain a positive outcome to your case.

Commercial Real Estate Transactions in Massachusetts

When dealing with commercial real estate, transactions are especially likely to result in disputes. When business considerations are mixed with complex relationships and agreements, it is no wonder that so many commercial real estate disputes end up in litigation.

The following are some of the more common types of real estate disputes:

▪ Breach of Contract: Almost all real estate transactions will involve written contracts. In fact, most agreements involving real estate will not be legally binding without an agreement in writing. When one party to the contract believes the other party is not living up to its obligations under the agreement, that party can sue for breach of contract. This is one of the most common legal claims in real estate disputes.

 ▪ Fraud and Non-Disclosure: A common form of fraud or non-disclosure occurs when the seller fails to disclose material defects in the property. The fraud or non-disclosure may also relate to issues such as title, zoning or permitting, which are covered in more detail below.

▪ Rescission and Specific Performance: Depending on the type of misrepresentation, one of the parties to the purchase agreement may seek to cancel the contract through rescission. Along those same lines, the opposite may occur, where one party seeks to force the other party to proceed with the agreement through specific performance.

▪ Title Disputes: Often, there are unsettled title issues that impede the ability of one party to buy or sell a property. These unsettled issues act as clouds on title, and a quiet title action may be necessary to remedy the issues.

▪ Real Estate Fraud: If one party to the transaction makes a knowingly false representation that is relevant to the transaction, they could potentially be liable for fraud. The types of potential misrepresentations are numerous, but they could involve property conditions, permitting or regulatory issues, or lending issues, to name just a few. A party who can prove fraud may be able to recover punitive damages. These are damages that are awarded over and above contractual damages since they are meant to make an example of a defendant who commits fraud.

▪ Construction or Renovation Disputes: With new home construction, disputes can arise between the builder and the new owner, many of which involve express or implied warranties. The same types of disputes may occur during major home renovations.

▪ Specific Performance: Often, a real estate dispute will proceed to litigation, not because the buyer or seller wants damages, but because they want the other party to perform an action required by the contract. This type of claim is known as specific performance. One common use of a specific performance action is to obtain a court order that the seller must proceed with the sale of commercial property.

▪ Commercial Real Estate Loan Disputes: Commercial real estate loans lead to many disputes between borrowers and lenders. They could arise from improper lending practices by the lender. They could also involve foreclosure proceedings or an action to obtain a deed in lieu of foreclosure. Actions to enforce or defend loan guarantees are also common.

▪ Boundary Disputes: Common real estate disputes are those arising from property boundaries. Occasionally, boundaries have not been well-defined by the parties or property usage changes the practical boundary lines. A skilled Atlanta real estate litigation attorney can help ensure that boundaries are properly defined.

If you are facing a dispute concerning your residential or commercial real estate please do not hesitate - contact us today!

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Spillane & Mrowka is committed to answering your questions about Personal Injury, Criminal Defense, and Real Estate law issues in Masacheutes.

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