Real estate disputes can occur at multiple points during the marketing, purchase, and occupancy process. The Business Trial Group represents brokers, developers, tenants, and landlords in disputes involving failure to disclose damage, fraud, breach of a commercial lease, breach of a sales contract, and other real estate matters.
Our attorneys have recovered millions of dollars in real estate disputes.
Real estate claims 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 efficiently utilize litigation to achieve the best result.
Our experienced trial attorneys have recovered millions of dollars for clients in real estate disputes. We handle all cases on a contingency-fee basis, which enables us to focus fully on the merits of your case and guide you through the legal path that is optimal for your needs and circumstances.
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Real Estate Cases We Handle
Below are just a few of the types of real estate disputes the Business Trial Group can assist clients with. If you have questions about a problem not described here—or you wish to discuss a particular issue—please get in touch for a free review of your claim.
Even if your dispute involves real estate outside of the United States, we may be able to help.
We also represent commercial real estate brokers in commissions disputes.
Real Estate Agent Misconduct
Buying or renting 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. Some of the common types of real estate agent misconduct that can lead prospective buyers or renters to file a claim include:
- Operating without a license
- Failing to disclose information about a property that could alter the prospective buyer’s decision
- Falsifying information about a property
Real estate agents must disclose a property’s known defects or structural deficiencies. These problems could cost tenants money down the line, or even cause personal injury, and it is neither ethical nor legal for an agent to obscure such information. Real estate litigation that arises from a failure to disclose is called a fiduciary duty lawsuit.
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Negligent Design
Negligent design is a legal issue that impacts many different industries. In real estate, negligent design affects the owners and 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 would most likely need to demonstrate that the structural flaw violated building codes and/or that the deficiencies were knowingly designed.
Tenant Default
Most commercial tenants enter into an agreement or contract with their landlords regarding the tenant’s payment responsibilities. If the tenant reneges on the agreement without 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.
A security deposit may not fully cover a landlord’s losses.
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.
Landlords should keep copies of any contracts, rental agreements, and leases (whether formal or informal) that the commercial tenants have signed or received. With this documentation, our attorneys can investigate the reasoning for the tenant’s departure and determine whether the losses can be recovered.
Why You Should Hire the Business Trial Group for Real Estate Litigation
Our unmatched resources as the nation’s largest contingency-fee law firm uniquely position us to fight for our clients and, when necessary, take cases to trial. In fact, trial is often the only way to achieve justice, especially against wealthier opponents that can use their financial strength as leverage to pressure plaintiffs into “lowball” settlements.
The Business Trial Group’s track record includes tens of millions of dollars recovered for real estate clients. In one recent case we recovered $14.5 million for clients who were fraudulently deprived of their membership interest in a major development project. We also recently obtained a substantial verdict in a dispute involving an exclusive right-to-sell listing agreement.
Find out if your real estate dispute could warrant a legal claim