Real Estate Litigation

Overview

Members of Walter | Haverfield’s Real Estate Litigation Group have experience in almost every facet of real estate-related litigation and represent clients in virtually all types of forums, including state and federal courts, arbitration panels, administrative agencies, such as the Ohio Environmental Protection Agency, and other federal and state agencies.

Our real estate litigators represent owners, developers, secured lenders, loan participants, governmental entities, bond holders, borrowers, landlords, tenants and other clients in disputes involving:

  • Loan participations and other co-ownership arrangements, including intra-creditor agreements and agent disputes.
  • Public financing of and public private partnerships relating to infrastructure and other government-supported projects.
  • Purchase and sale contracts and options, including acquisition, post-closing adjustments and specific performance, as well as rescission and other fraud/mistake claims.
  • Secured loans, including foreclosure, receivership, guarantee enforcement and disbursement issues, as well as lender liability and bad faith claims.
  • Management and operating agreements, including shopping center operator issues, as well as common area maintenance and other reconciliation issues.
  • Ownership structures, including partnership, limited liability company and percentage disputes, such as dissolution, participation rights, termination and dilution issues.
  • Title matters, such as lien and ownership priority, easement rights, mechanic’s lien rights, adverse possession and other prescriptive rights.
  • Commercial leases, including forcible entry and detainer actions.
  • Construction disputes, including general contractor and subcontractor disputes.
  • Eminent domain disputes, including litigation regarding fair market value and right-to-take disputes.
  • Board of Revision matters involving the valuation of real estate.

Walter | Haverfield’s multidisciplinary approach and broad experience provide our clients with efficient and highly effective representation in real estate issues and disputes before, during and after they result in litigation or other formal dispute resolution. Our clients’ real estate litigation needs are handled by experienced real estate litigators who know the industry, understand the client’s business goals, and have the ability and judgment to appropriately address virtually every type of dispute in state and federal courts, as well as administrative agencies.

Experience

The Real Estate Litigation group’s experience and services include the following:

  • Representation of client in a declaratory judgment action seeking to enforce a five year renewal option in a commercial lease.
  • Defended a New York State homebuilder against a multi-million dollar breach of contract claim in a New York court.
  • Assisted in the representation of a real estate developer, successfully arguing that the provisions of an automatic termination provision in an option contract could not be modified by contrary oral representations; summary judgment was granted in the developer’s favor and upheld on appeal.
  • Assisted in the pre-litigation enforcement of a Confidentiality, Non-Disclosure and Non-Circumvention Agreement relative to the acquisition and repositioning of value add commercial and multi-family properties.
  • Assisted in the six-figure recovery of consulting and acquisition service fees, as well as legal fees incurred relative to the enforcement of the Acquisition Services Agreement.
  • Frequently counsels clients on various commercial and residential leases, management and operating agreements, common area maintenance issues, development agreements, nuisance abatement, and zoning matters.
  • Regularly assists in forcible detainer/eviction actions on behalf commercial and residential landlords as well as commercial tenants.
  • Obtained summary judgment in favor of a real estate developer by arguing that the provisions of an automatic termination provision in an option contract could not be modified by contrary oral representations.

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