Atlanta Real Estate Litigation Attorney to Handle Disputes
Resolving real estate disputes encompasses a large portion of our practice. Our clients – developers, lenders, landowners, contractors, property managers, loan participants, homeowners’ associations and corporate tenants – trust our Atlanta real estate litigation attorneys to navigate them through their disputes to a successful resolution. Whether that resolution takes place through direct negotiation, mediation, arbitration or trial, we have the skill set, experience and persistence necessary to achieve the maximum outcome and avoid unnecessary risks.
Common Types of Real Estate Litigation
Real estate disputes can arise at any stage of a transaction or ownership cycle, from the initial purchase through the use of the land after the transaction is complete. These disputes often involve large financial stakes and require swift legal action to protect your property rights. Below are some of the most common types of construction litigation our firm handles on behalf of all of the interested parties to a transaction.
Breach of Real Estate Purchase Agreements
A real estate transaction is a contract, and when one party fails to uphold their end of the deal, litigation may be unavoidable. Common breach of contract claims include the failure to close on time, backing out of a signed agreement without cause, or refusing to release earnest money deposits. Buyers also have the power to sue sellers for misrepresenting the property’s condition or failing to provide a clear title. Sellers, in turn, may bring claims against buyers who fail to secure financing or otherwise breach the terms of the agreement.
Boundary Disputes
Disagreements over where one property ends and another begins are surprisingly common. These disputes may involve encroachments, fences built on the wrong side of a lot line, or access roads that cross a neighbor’s land. Easement disputes arise when one party denies or obstructs access to which the other is legally entitled. These issues often require legal action to quiet title, enforce access rights, or request injunctive relief to stop interference.
Quiet Title Actions
A property’s title must be clear and free of competing claims. If a title is clouded due to errors in prior deeds or old liens, a quiet title action may be necessary to resolve ownership of the property. These lawsuits seek a court order declaring the rightful owner and eliminating conflicting claims in the county records. Title companies may also become involved if a defect leads to financial loss or denial of coverage.
Commercial Lease Disputes
Landlords and commercial tenants often clash over the terms of long-term lease agreements. Disputes may involve unpaid rent, property damage, failure to maintain the premises, early termination, or disagreements over responsibility for taxes and standard area maintenance charges. In some cases, landlords pursue eviction, while tenants sue for breach of lease or wrongful lockout.
Land Use Conflicts
Property owners and developers may find their projects delayed or blocked by local zoning boards, municipalities, or even neighboring landowners. Litigation involving zoning disputes is also common. Zoning disputes can involve denial of a variance, challenges to a permit, or claims that a proposed use violates land-use regulations. You may have no choice but to file a lawsuit to appeal administrative decisions or challenge local ordinances.
Real Estate Fraud
Fraudulent conduct, including forging documents or misrepresenting ownership, can derail real estate transactions and cost you thousands. This type of fraud can involve sellers, brokers, or even third parties attempting to take advantage of you.
Landlord/Tenant Disputes
Our practice in this area is focused upon Landlord Representation.
Lender/Borrower Disputes
Our attorneys represent banks, lenders and borrowers in lending disputes. We represent banks and lenders in foreclosure actions (with and without deficiency proceedings); receiverships; guaranty enforcement; lender liability and bad faith defense. We also represent banks and lenders in collection on their past-due accounts. For borrowers, we provide guarantee and foreclosure defense. Additionally, we represent borrowers in pursuing lender liability and bad faith claims against lenders.
Recent Case: We represented a mortgage lender in pursuing a lender liability claim against its bank while it strategically defaulted on its line of credit. As a settlement, we secured a 65% write down of the principle balance without any penalty to the personal guarantor.
Construction Disputes
Our construction disputes practice includes representing contractors, architects, engineers and builders in contract disputes; professional liability claims; products liability and warranty claims; negligent construction; public and private surety bond claims; construction liens; and acceleration and delay damages claims.
Title and Lien Priority Disputes
In this practice area, our attorneys represent various real property interests in disputes that include lien and ownership priority; foreclosure; property association liens and foreclosure; easement rights; mechanic lien rights; adverse possession; boundary disputes; nuisance and trespass claims; eminent domain disputes, including fair market value determination; tax lien foreclosure; quiet title actions; and other disputes over title and lien priority.
Recent Case: Utilized creative litigation strategy involving quiet title actions for a real estate investor to assemble broken condominium complex.
Contractual Rights Disputes
We also represent parties in litigating real estate contract disputes between (1) purchasers and sellers of real estate, (2) partners or members of partnerships including disputes involving participation rights; (3) disputes involving real estate sales contracts, (4) property management and operating agreement disputes; and (5) brokerage commission disputes and more. For more information, please see our Contract Disputes section.
Contact a Real Estate Litigation Attorney Today
If you are facing a real estate dispute, contact the team at Poole Huffman today. An Atlanta real estate litigation attorney can answer your questions and ensure you’re taking the right steps.
Frequently Asked Questions About Real Estate Disputes
Does every real estate dispute go to court?
No. In fact, many real estate disputes are resolved before reaching trial. The vast majority of these cases are resolved between the parties through negotiation or alternative dispute resolution. These tools often allow parties to reach an agreement without the time and expense of a lawsuit.
That said, some disputes cannot be resolved informally. If the parties are unable to reach a compromise, some conflicts will only be settled in a courtroom. It’s impossible to predict with certainty if your case will settle, but an attorney can give you the opportunity to resolve your claim without a trial.
What is the difference between a real estate “closing” attorney and a “litigation” attorney?
In general, a closing attorney handles the transactional side of a real estate deal. This includes preparing documents and managing escrow funds with the ultimate goal of ensuring a transaction goes off without a hitch. Unlike many other states, Georgia requires an attorney to oversee a real estate transaction.
A litigation attorney, by contrast, becomes involved when something goes wrong. When disputes arise, a litigation attorney can work to resolve them or potentially file legal action.
The buyer or seller backed out of our deal. What are my options?
When one party walks away from a real estate transaction, the available remedies depend on the circumstances and the language of the agreement. In many cases, the non-breaching party may pursue damages, such as the difference between the contract price and the eventual sale price.
In some situations, a party may seek specific performance, meaning that they ask the court to force the other party to fulfill their end of the bargain. Alternatively, the contract may allow for termination and the return of any earnest money paid.
What types of real estate disputes are most common?
Real estate disputes can arise in many contexts, but some situations are more common than others. Everything from boundary disputes to construction issues can lead to litigation.
Can a real estate contract be canceled after signing?
Yes, in certain circumstances. One option is rescission, which allows the contract to be undone entirely and restores both parties to their original positions. This remedy is often available in cases involving fraud or material misrepresentation, provided the injured party acts promptly.
What remedies are available in a real estate dispute?
Georgia law provides several potential remedies depending on the nature of the dispute. These may include monetary damages to compensate for losses, specific performance requiring a party to fulfill contractual obligations, or rescission of the contract.
The appropriate remedy depends on the facts of the case. For example, unique properties may justify specific performance, while financial losses are typically addressed through damages. Courts aim to place the non-breaching party in the position they would have been in if the contract had been honored.
How long do real estate disputes take to resolve?
The timeline for real estate disputes can vary dramatically from one case to another. Some disputes work themselves out in a matter of weeks, while others can take months or even years if litigation is necessary.
How can I avoid real estate disputes in the future?
Many disputes can be prevented with careful planning. Your best bet is to involve an attorney in the process as early as possible.
Atlanta Business Litigation Attorneys Blog – Real Estate
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