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.
Atlanta Business Litigation Attorneys Blog – Real Estate
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