New York City’s real estate market is one of the most dynamic and complex in the world. With countless transactions occurring daily, disputes often arise. Whether dealing with residential or commercial properties, litigation may be necessary to resolve conflicts and protect the client’s interests.
Disputes can involve a wide range of issues, from disagreements over property boundaries to breaches of contract in property sales. Given the high stakes and amounts of money involved, litigation can resolve disagreements fairly and legally.
Common reasons for real estate litigation
Legal action is not always necessary, even for the following examples. Still, it is an option if negotiations break down or one party is unreasonable:
- Breach of contract: This involves a party failing to fulfill their obligations outlined in a real estate agreement. For example, if a seller fails to deliver the property in the condition specified in the contract, the buyer may need to go to court.
- Property disputes: These involve disagreements over property lines or ownership rights. For instance, if a neighbor builds a fence or structure that encroaches on your property, it may be necessary to resolve the boundary issue.
- Zoning and land use violations: These arise when a tenant or owner does not follow zoning laws. For example, if a business operates in a residential area without proper permits, it may be necessary to enforce zoning regulations.
- Construction defects: This involves problems with the construction quality or safety of a property. A property owner might sue a contractor if the building does not meet safety standards or agreed-upon provisions.
While these are four common examples, there are other reasons as well.
The role of a real estate litigator
Hiring an experienced courtroom lawyer who specializes in real estate law can represent your interests before a judge, working to secure a favorable outcome. Whether you’re a property owner, tenant or investor, a real estate lawyer can also help protect your interests and provide peace of mind throughout the litigation process.