Real Estate Litigation

Disputes can arise even with the most carefully executed real estate transactions and agreements. When litigation does arise, owners, landlords, management companies, investors, lenders, tenants, and REITs need a legal team that can analyze the dispute and develop and implement a strategy designed to achieve business-oriented solutions and a desired result, as well as counsel who will vigorously protect their interests in the courtroom where an early resolution of the dispute is not feasible.

HOW WE HELP

Our real estate litigation attorneys bring a wealth of experience in commercial lease disputes, land use matters, workout-related litigation, real estate partnership disputes, foreclosure proceedings, real estate brokerage matters, condominium association and cooperative corporation disputes, and related construction, ADA, bankruptcy, franchise, and insurance disputes.

We strive for the optimal outcome in all cases, taking into consideration the client's objectives, and make a thorough, early and objective strategic assessment of the most effective way to achieve them, including the feasibility, desirability and cost of settlement options or of avoiding litigation. Many cases we litigate are resolved by dispositive motion. We are strong proponents of using alternative dispute resolution mechanisms when appropriate to achieve targeted objectives. Our attorneys, however, are true trial lawyers and have extensive trial experience before judges, juries, and arbitrators. We believe that our skills as trial lawyers enable us to consistently achieve favorable results for our clients, whether or not the case is ultimately tried.

Our real estate litigation clients include developers, contractors, owners, landlords, commercial tenants, real estate management companies, real estate brokers, institutional investors, commercial lenders, sponsors of cooperative and condominium plans, cooperative and condominium boards, and neighborhood groups.

OUR SERVICES

We handle matters for clients that cover a broad range of issues, including commercial lease disputes, lease renewal issues, restrictive covenants, easements, non-payment matters, purchase agreement disputes, title disputes, land use disputes, illegal detainer actions, as well as condominium association and co-operative corporation governance and election disputes and Board/owner disputes, partnership disputes, partition actions, ADA matters, and brokerage commission claims, among others. We litigate matters involving bankruptcy claims, workouts, foreclosure matters, and guarantees in the real estate context, as well as construction and mechanic's lien matters. Our attorneys also have a thorough understanding of disputes and issues that arise in the context of the permitting process and assist clients through the maze of various administrative procedures and proceedings.

Our real estate litigators work collaboratively with our transactional real estate, construction, franchise, Title III/ADA, bankruptcy, and environmental attorneys to provide integrated representation that fully addresses our clients' needs.

THE SEYFARTH EXPERIENCE

As an added value to our clients, we employ our industry-leading advanced service delivery platform to achieve greater predictability in billing by offering alternative fee arrangements such as flat rates and fixed pricing for specific phases in certain types of real estate litigation. Likewise, members of our Real Estate Litigation team have collaborated with our Lean Solutions team to develop graphic depictions of the workflow and steps needed for mortgage foreclosures, franchisee evictions, and real estate-related bankruptcy matters. These maps help teams function more seamlessly by ensuring everyone has the same understanding of their roles across the team and tasks related to the process.