Real Estate Litigation Attorneys Serving NYC
Residential and commercial real estate transactions in the greater New York area typically involve complicated local and state laws, legal rights, and policies that often result in legal disputes. Although real estate contracts are a common point of contention, litigation can also arise from mortgage disputes, defaults and foreclosure as well as conflicts related to title, land use, and leasing.
At Scaffidi & Associates, our legal team has experience helping clients resolve real property disputes whether through litigation, mediation or arbitration. We have represented and been consulted by owners and developers, buyers and sellers, investors and lenders, and other real estate professionals who engage in residential and commercial projects.
Common Types of Real Estate Litigation
Our attorneys are well versed in a variety of residential and commercial litigation matters including, but not limited to:
- Enforcement of Purchase Agreements – If a party to a purchase agreement fails to close escrow, or there is a breach of contract, one of the parties can pursue litigation seeking either specific performance or monetary damages.
- Fraud/Non-Disclosure of Defects – After a sale closes, it is not uncommon for disputes to arise relative to a seller’s alleged failure to disclose material property defects to the buyer, such as structural problems or renovations undertaken without proper permits.
- Quiet Title – In situations where there are unsettled claims of title to real property which could impair the owner’s title and interfere with or prevent a subsequent sale, litigation may be necessary to have those claims declared invalid by the court.
- Easement Disputes – Easement disputes can arise between property owners and local governments and utilities as well as neighbors. Typically, these disputes may question the validity or scope of an easement as well as property boundaries, fences, nuisance and variance issues.
- Disputes with Real Estate Agents and Brokers – Realtors can be held liable for breaches of fiduciary duty, errors and omissions, undue pressure to buy, and other acts that result in financial losses.
- Eminent Domain/Condemnation – When the government seeks to directly obtain privately held property, litigation may be necessary to resolve valuations, whether through condemnation hearings, fair market value hearings, valuation disputes, or partition proceedings.
- Foreclosures/Loan Workouts – Lenders may rely on legal foreclosure remedies when owners fall behind on mortgage payments in order to sell the property and resolve disputes related to loan agreements.
- Mechanic’s Liens – Our legal team represents property owners, contractors, subcontractors and other parties in connection with disputing, establishing, perfecting, and enforcing mechanic’s liens.
- Commercial Lease Disputes – Disputes often arise between commercial landlords and tenants related to rental payments, storage of materials, common maintenance fees, and other issues.
Although most real estate deals can be successfully executed without major conflicts, problems may arise from transaction disputes, boundary disputes, title issues, and even fraud. Our legal team also has experience in clearing title, resolving disputed easements, and litigating fraudulent conveyance. We also handle lease renewal and purchase options, and failure to disclose, permitted use and building code issues.
New York Real Estate Litigation Attorneys
Given the time and expense involved in litigation, many real estate disputes can be resolved through mediation and arbitration. In fact, it is becoming common for many real estate contracts to include mandatory arbitration clauses. The attorneys at Scaffidi & Associates are well versed in the rules and procedures governing these proceedings and have a well-earned reputation for achieving win-win solutions.
At the same time, we are committed to protecting the interests of our clients and are fully prepared to litigate any real dispute. If you are involved in a dispute involving commercial or residential real estate, we are uniquely qualified to provide you with aggressive legal representation. Our knowledge of all types of real estate transactions can help to prevent disputes from becoming protracted legal battles. Call our office or complete the contact form on our website to set up an initial consultation.