Commercial real estate businesses in Arizona should hire litigation lawyers when they discover a legal problem. Ideally, they should work with legal representation early on to avoid problems. If you do file a lawsuit, Arizona commercial real estate lawyers can help you build a case strategy.
In this article, Anthony Law Group describes eight everyday situations where you need an Arizona commercial real estate attorney. We also discuss how to decide if filing a lawsuit is right for your business.
What is Litigation for Commercial Real Estate in Arizona?
Litigation for commercial real estate in Arizona is when one business files a lawsuit against another. The party filing the case is usually seeking financial compensation for their harm.
Once you file a lawsuit, you set legal events in motion. Courts hold you to the same rules as lawyers. As such, you should get legal advice before filing a court petition in your county.
Filing a lawsuit changes how you handle the dispute entirely. Only exercise it as your last option.
8 Situations that May Require Litigation with an Arizona Commercial Real Estate Lawyer
Commercial real estate litigation occurs for several reasons. Some matters are more complicated than others.
However, it’s worth noting that legal mistakes result in negative outcomes. You should always get personalized legal advice from an Arizona commercial real estate lawyer before filing your lawsuit.
Below, check out the eight common situations that may require litigation for commercial real estate:
Situation 1: Breach of Contract
Breach of contract arises when one party does not uphold their end of an agreement. If you’re filing a breach of contract lawsuit, you will need to prove four facts:
- The defendant had a contract with you, and
- The defendant failed to meet the contract’s requirements, and
- The defendant’s failure caused harm to your business, and
- You suffered financial losses due to their actions.
A successful outcome from a breach of contract lawsuit requires you to prove each element. Arizona commercial real estate lawyers investigate client cases. From investigations, they retain valuable evidence for presentation.
Situation 2: Financial Disputes
Financial lawsuits can sink a commercial real estate business quickly. However, it’s not always possible to avoid them. Our state’s laws give you the right to hold other parties accountable for their actions.
Common financial disputes of commercial real estate businesses in Arizona include:
- Bad faith lender claims
- Creditor disputes
- Escrow disputes
- Fraud claims
- Performance disputes
- Purchase and sale disputes
Minimize your chances of facing financial litigation. Hire a business lawyer from the outset of business operations. We can review contracts, facilitate deals, and protect your legal rights.
Situation 3: Commercial Lease Disputes
Commercial landlords and tenants often disagree about pricing, payment, and termination. Laws governing commercial lease litigation are incredibly complicated regardless of whether you are the lessor or lessee.
Work with a legal professional to help you resolve commercial lease issues such as:
- Commercial real estate lease disputes
- Complex operating expense disputes
- Landlord-tenant disputes
- Mediations and arbitrations
- Pandemic-related commercial real estate issues
- Pandemic-related industrial real estate issues
- Real estate agent and broker disputes
- Right of first refusal disputes
- Termination disputes
Hiring an Arizona commercial real estate lawyer can handle the process of litigation from start to finish. Not all law firms handle litigation matters. Work with a legal team that focuses on commercial real estate litigation in Arizona for a more seamless result.
Situation 4: Negligence Matters
Negligence usually stems from disputes among buyers, sellers, and real estate agents. Real estate agents must act in their clients’ best interests at all times while fulfilling other duties, such as:
- Informing clients of comparable prices
- Carrying out contractual obligations
- Offering sound real estate advice
Negligence in any of these areas can result in financial losses or other adverse outcomes for clients. You could hold them liable if negligence caused your commercial real estate business harm.
Situation 5: Performance-Related Disputes
Lawsuits also arise from non-performance disputes in a commercial real estate agreement. Courts can order the defendant to make the plaintiff whole through fulfilling their contractual obligations and paying financial damages.
If you’re on the defense side of a court complaint, speak with an Arizona commercial real estate lawyer as soon as possible. We can help you build an offensive or defensive strategy regardless of the side you’re on.
Situation 6: Boundary Disputes
When a party fails to correctly record their property, a boundary dispute often arises. When another business property encroaches upon yours, there are several steps you can take to resolve this issue. No two cases are alike, so you’ll want to get help for litigation.
One of the most vital is obtaining legal advice as soon as possible to avoid making irreversible mistakes. We also have the necessary resources to ensure a comprehensive approach. If new issues arise in your case, you’ll have relief in knowing that a commercial real estate lawyer is on your side.
Situation 7: Partnership or Joint Venture Disputes
Commercial real estate transactions usually involve several people and business partners. They also include layers of contracts and prior acknowledgments. Consequently, these disputes can become contentious quickly.
Hire litigation attorneys to help you navigate partnership and joint venture (JV) disputes involving:
- Intellectual property (IP)
- Management rights
Since many partnerships and JVs involve close relationships, clients tend to avoid suing a business partner. However, litigation is the only option with which they’re left in some situations. Arizona commercial real estate lawyer can handle your case with aplomb and skill in this situation.
Situation 8: Insurance Disputes
Commercial real estate properties must have insurance. This requirement is also true for commercial landlords and tenants. However, the chain of liability and loss of losses are not always transparent and give rise to litigation.
Other types of commercial real estate litigation include:
- Adverse possession
- Condo issues
- Development disagreements
- Easement issues
- Environmental issues
- Land use disputes
- Property damage
- Quiet title actions
- Title disputes
- Water rights issues
If you’re facing a claim denial for property damage, your lawyer understands how to handle these cases. Insurance companies routinely try to settle these cases for less. Work with a legal team that has years of proven experience in this arena.
Should You File Litigation for Commercial Real Estate in Arizona?
Even if your case seems straightforward, consider the benefits of resolving things privately. For starters, negotiation is cheaper than going to court. It’s also an opportunity to expose evidence while showing your willingness to handle things in good faith.
However, there are times when commercial real estate litigation is the only option. That’s why our court system exists.
Your Arizona commercial real estate lawyer will know when it’s time to file a court petition. The most sensible tactic is hiring one as soon as you discover the harm against your business. This strategy helps you preserve your case early on.
Get Legal Help from Anthony Law Group
Do you own, manage, or operate commercial real estate in Arizona? Are you experiencing any of the legal issues described in this article? If so, contact an Arizona commercial real estate lawyer at Anthony Law Group to help you determine your next practical steps. Contact us online or call 602-362-2396 to schedule a consultation.