Real Estate Litigation

Real estate litigation can be complex, involving multiple parties, insurers and large damages. New York has a unique body of law regarding real estate and advocating a parties rights effectively can be greatly enhanced when retaining a competent attorney who prudently understands the New York specific regulations and laws. We are seasoned attorneys well versed in all areas of real estate litigation disputes, including residential litigation, business litigation, real estate trust litigation and even landlord and tenet disputes. As competent experts in the field, we are capable of advocating in legal conflict matters of leases, licensing agreements, various real estate contract claims, and all types of real estate purchase agreements. In addition we are capable of handling any landlord tenet disputes, effectively representing either side. Common disputes such as lease violations, failure to provide habitability services like heat, repairs or water, even illegal subletting, nuisance actions, or property damage.

We have significant experience in dealing with cooperative “Co-Op” and condominium association disputes. It can be difficult dealing with a cooperative’s shareholders or a condo association, but qualified expert counsel in this area can assist in all manners of dispute. Areas in which we are familiar include, maintenance obligations, issues dealing with the bylaws, all matters concerning subleasing and even sales.

We are well-versed in partition actions of property where there is a dispute of jointly-owned property. These disputes often arise when property is inherited and the parties would like to either sell or divide the in common property to reflect individual ownership. Navigating these disputes can be delicate because when there is common ownership there is usually significant ties between the parties, which is why resolving the dispute in a civil and fair manner is paramount.

We further specialize in real estate transactions involving rescission. Rescission can arise as a remedy when an existing real estate contract is cancelled, and returns both parties to the position they were in prior to entering into the contract. Typically rescission is the chosen remedy when parties made an innocent fraudulent misrepresentation as to the terms of the contract. However, may also arise in contract terms of mutual mistake or lack of capacity, and even may be extended to situations where one party is exerting undue influence over another, or under circumstances of contract under duress. It’s a common issue where instruments of the contract such as a deed or a sales contract do not comply to what the parties negotiated and agreed upon. In this situation parties should not be pressured to agree to an improper contract and may seek a remedy of rescission.

We have handled numerous cases involving quiet title to establish ownership as well as lien rights between the parties. Disputes arising from conflicts with neighbors over fences, setbacks, trees, basically a whole host of boundary issues can be effectively imposed using a property lien or a quiet title claim. To stop immediate harm to a party, we can petition the court on an expedited basis to get a preliminary injunction. This is especially effective when there has been encroachment on a client’s property. Additionally, we can pursue a declaratory judgment to immediately validate claims to ownership or division of ownership. Also under this umbrella, we may urge the court to grant an order of specific performance, compelling a party to perform on a real estate contract. Each house, property, co-op, condominium, ranch, even agricultural property is unique and sometimes the only applicable remedy is to petition the court force the parties honor a contract.

At times it may be the most prudent strategy in real estate disputes to avoid costly and long drawn out litigation. We may be able to negotiate a settlement agreement early on, successfully side-stepping the need for expensive litigation. It’s critical to be represented early so the client’s rights can be effectively advocated at every juncture.

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