To be an effective phoenix real estate attorney, you must be knowledgeable in real estate transactions and litigation. Many attorneys are limited to one area of expertise and do not have the experience to litigate complex real estate cases effectively. Attorney Stephen J. Anthony has over 25 years of real estate litigation experience. He has successfully represented homeowners, landlords, tenants, investors, developers, builders, contractors, subcontractors, and homeowners’ associations in real estate matters throughout Arizona.
Litigation for Commercial Real Estate Disputes
Litigation in commercial real estate disputes is often tricky, with numerous legal issues. Even the most carefully prepared real estate transactions may hit snags, and litigation may be the only option to resolve a real estate issue. This is especially true when rival businesses are involved. You should never try to handle these dangerous waters on your own.
Common Causes of Commercial Real Estate Disputes
Most commercial real estate transactions have similar constructs and players, so comparable conflicts seem to arise repeatedly. While many of these difficulties may be overcome with clever negotiation, sometimes litigation is required resolve commercial real estate disputes.
Breach of Contract
To be legally binding, most real estate agreements must be in writing. While there are some exceptions to this common rule, it’s always a good idea to have a written contract when purchasing or selling any property. Even if you arrange a commercial lease agreement between friends or business partners, every real estate transaction should include a written contract.
A real estate dispute often triggers a breach of contract claim. This type of claim occurs when one party does not fulfill their obligations under the contract or their “part of the bargain.” This may be regarding maintenance, payment of funds, or delivery of the property in an agreed-upon manner. If the party breached the contract, you may be able to obtain monetary damages based on the breach and recovery of any attorneys’ fees or costs you incur in having to file a lawsuit.
Real Estate Fraud
Things may not appear to be as they are in some commercial property transactions. For example, if the seller of a business location claims that all of the electrical and plumbing systems are in good working order, but they are not, you may need to take legal action. If this claim was made knowing it was false, it might be considered real estate fraud.
An example of real estate fraud is when a vendor in a commercial transactions trys to sell property that they do not own or only possess certain rights to. Despite spending a significant amount of money, the buyer finds this out too late, and they lose any legal claim to the real estate because of it. This blatant fraud is most certainly a case for bringing a lawsuit.
Commercial real estate is often owned by more than one person or entity. When the co-owners disagree on maintaining the property or whether they should sell it, disputes can arise. There may also be disputes regarding tenants, rental payments, and various other issues.
Real estate is difficult to divide by nature. As such, co-owner disputes can be challenging to resolve if one of the owners does not want to give up their rights to the ownership or control of the property. Unfortunately, sometimes the only way to address these problems is through litigation.
Contractors and Commercial Real Estate Litigation
Contractors also face the potential for litigation when they provide work on commercial real estate. However, their claims are often very different from those engaged in a real estate transaction. Nonetheless, their disputes often involve the real estate itself because they can usually assert liens on the property that affect the value and sale of the real estate.
The Challenges of Litigation for Commercial Real Estate Disputes
Real estate transactions can involve both federal and state laws in some circumstances. It may also apply city and county rules and regulations. It is essential to have a firm grasp of all these laws that may affect a commercial real estate transaction if you are considering asserting a lawsuit for a real estate dispute.
Some real estate disputes involve disagreements with a government agency, such as the local zoning board or land-use agency. Cities and counties may require that you use specific permits as well. These entities can trigger a form of commercial real estate litigation that requires knowledge and expertise.
These agencies focus on local ordinances and requirements and often have unique procedures that must be followed should a dispute arise. Using an experienced litigation attorney for these disputes will provide you with the best opportunity for a favorable outcome.
Whether you have just bought a property or are thinking of buying a property, if you have a concern that you think could lead to litigation of a commercial real estate dispute, it is in your best interest to contact Attorney Stephen Anthony today!