Basics of Real Estate Litigation- Rosen Fromstein LLP
Rosen Fromstein LLP law firm advises on real estate structures and completes transactions for buyers, sellers, lenders, landlords and tenants of shopping centers, office complexes, large-scale retail and industrial properties and infrastructure projects. Rosen Fromstein LLP real estate litigation team has expertise in litigating commercial landlord and tenant disputes, and in acting in complex bankruptcy and insolvency proceedings.
The practice of commercial real estate litigation concerns income-producing real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves. For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
Wherever we are in the economic cycle there is always scope for real estate disputes. And when a dispute arises over property, the stakes are high and the results can be long lasting. Rosen Fromstein LLP truly understand the needs of the industry — owners, financial backers, and occupiers alike. That unique perspective informs our approach, protecting your interests while recognizing that at the core of any dispute there is often a valuable commercial relationship worth saving.