Our attorneys represent brokers, developers, tenants and landowners, and handle all types of commercial real estate disputes. If you’ve experienced issues such as failure to disclose damage, real estate agent fraud, or breach of a commercial lease, you may be eligible to file a claim.
Real estate disputes can occur at any level of the marketing, purchase and occupancy process. Our attorneys operate on a contingency-fee basis, which means the only fee we receive is a percentage of any settlement or judgment we win on your behalf. If we aren’t successful in resolving your case, you don’t pay anything, including any hourly fees.
We believe in the contingency-fee model because it enables us to focus fully on your case and guide you through the legal path that is truly best for your needs and circumstances. Here are a few of the real estate disputes that our attorneys commonly handle.
Real Estate Agent Misconduct
Buying or renting a property can be a stressful process. Many businesses trust real estate agents to guide them through this decision. The real estate profession involves a certain amount of flexibility in how to sell, but there are also defined regulations about how agents and brokers are allowed to conduct business.
Commercial regulations for real estate companies differ by state, however here are some of the common types of real estate agent misconduct that typically lead prospective buyers or renters to file a claim:
- Operating without a license
- Failing to disclose information about a property that could alter the prospective buyer’s decision
- Falsifying information about a property
- Overcharging prospective buyers or renters for deposits and fees
It’s important that real estate agents disclose any known defects or structural deficiencies with any property. These problems could cost tenants money down the line, or even cause personal injury. It’s neither ethical nor legal for an agent to obscure that information. This type of litigation is called a fiduciary duty lawsuit.
Negligent design is a legal issue that impacts many different industries. In real estate, it impacts the tenants of both existing and new properties. An increasing number of regulations dictate the minimum building requirements for new buildings and properties. These requirements have to do with structural integrity, accessibility and environmental impact.
Building codes address areas of concern such as:
- Placement of a property in relation to heavy traffic areas
- The integrity of foundational elements like walls, flooring and roofs
- Environmental requirements to reduce the negative impact of certain materials and structural elements
- Compliance with the Fair Housing Act, which requires reasonable accommodations for people with disabilities
If you may have suffered an injury or other significant grievance as the result of negligent design, you or your legal team would most likely need to demonstrate that the structural flaw violated building codes and/or that the deficiencies were knowingly designed.
“Real estate litigation can involve many different types of legal issues and challenges. It is important to have a knowledgeable attorney who can identify the important issues and utilize litigation to achieve the best result.” – Attorney Benjamin Webster
Most commercial tenants enter into an agreement or contract with their landlords regarding the tenant’s payment responsibilities. If the tenant reneges on that agreement without reasonable cause, the landlord may be eligible to file a claim.
Security deposits are often required for this reason, but there are times where a tenant fails to pay a significant amount of rent and does not notify the landlord.
For example, a business leasing a property could vacate the premises for financial reasons or due to relocation, and fail to give notice to the property owner. In these types of cases, landlords and property owners can pursue legal action in order to recover the lost payment or revenue.
It’s important for landlords to keep copies of any contracts, rental agreements or leases whether formal or informal, that the commercial tenants have signed or received. With that documentation, our attorneys can thoroughly investigate the reasoning for the tenant’s departure and determine whether the losses can be recovered.
Why Hire the Business Trial Group for Real Estate Litigation?
Our unmatched resources as a national contingency-fee-only law firm uniquely position us to fight for our clients, even when cases have to go to trial. All of our attorneys have ample trial experience and are committed to doing whatever is best for the client.
To find out if your real estate dispute could warrant a legal claim, contact us confidentially through our no-fee, no-obligation form.