Real Estate Litigation Attorney
Commercial real estate litigation involves resolving conflicts among various parties revolving around commercial real estate (income-producing) properties, including restaurants, malls, office buildings, industrial complexes, retail buildings, hotels, apartment buildings, condominiums, and more. Because there are generally many moving parts in these large projects, and vast sums of money, commercial real estate conflicts often require litigation. Whether you are facing an issue during financing, construction, or management, an attorney can provide the answers you are looking for to best resolve the dispute as smoothly as possible, while ensuring that you are awarded appropriate damages, or defended against false allegations of negligence or wrongdoing. The real estate litigation attorneys at Simms Showers are here to help.
Common Commercial Real Estate Disputes
- Breach of Contract;
- Fraud;
- Title concerns;
- Landlord/tenant disputes;
- Undisclosed property defects;
- Contractor delayed payment;
- Construction errors; and
- Bad faith buy or sell agreements.
Breach of Contract
The most common type of dispute arises from a breach of contract. A contract requires that both parties uphold a promise to the other. Failure to do so is a breach of the contract. Disputes arise over the technical language used to describe a particular promise, disagreement on the performance of a promise, and damages caused by an alleged breach.
Landlord / Tenant Disputes
Landlord and tenant disputes often arise from failure to pay rent, eviction proceedings, complaints of lack of upkeep or repair, and refusal to vacate a premises. Landlords need to take special care not to violate various state laws, such as § 55.1-1315, which outlines the circumstances in which a landlord has the legal right to evict a tenant. Improper eviction can lead to landlord liability for the tenant’s damages.
Real Estate Fraud
There are dozens of ways in which parties can be robbed out of hundreds of thousands or millions of dollars in real estate transactions. Fraud comes in many forms. One of the fastest growing types of real estate fraud is wire transfer fraud, which results in parties losing over $220 million annually, according to CNBC. Wire fraud can happen in commercial real estate transactions as well as individual real estate purchases. Another form of fraud occurs when a party “sells” a property they have no legal claim to sell. The buyer ends up purchasing a property that they do not actually own.
Construction Defects
Construction defects are common in commercial real estate, where large buildings, made of cheap construction materials, often go up in a matter of months. HOAs and other parties have the right to seek damages from the engineer, contractor, or builder when defects arise.
Contact Our Leesburg Attorneys Representing Developers, Contractors, Lenders, and Property Owners
Whether you are a developer, property owner, or contractor, the attorneys at Simms Showers LLP will review your case and seek a solution that protects your best interests. If you recently bought a property, constructed a building, or you have concerns about a hidden defect, you need to work with an attorney. Contact us today to schedule a free consultation.
