Ins and outs of Real Estate Litigation

Real estate litigation serves to mitigate disputes that may arise in a variety of circumstances.

Litigation is defined as the process of bringing a lawsuit. In
business litigation, specialties arise within the specialty. One of
these is real estate litigation.

Real estate litigation typically arises from real estate disputes.
Such disputes may occur within purchase and sales contracts,
partnership disputes, claims involving breach of fiduciary duty,
commercial leases, property insurance, property tax assessment, and
design and construction defects or boundaries. All of these
sub-specialties within real estate law may require litigation expertise
to resolve.

The objective with any litigated real estate case is to obtain a
favorable outcome. Representation in matters of fiduciary duty and
partnership and contract disputes can often produce multimillion dollar
judgments and defense verdicts in favor of a real estate litigator’s
clients. Litigators of real estate matters often represent buyers and
potential buyers of real estate. Within the real estate milieu, land
use restrictions leveraged in advantageous ways are often litigated for
clients as diverse as owners of vineyards, hotel and motel owners and
developers (and increasingly with bed & breakfast lodging
establishments as proprietary brands are haggled over), and developers
of commercial and residential properties. Real estate litigators
frequently become engaged in disputes over boundary lines and easement
rights, enforcement of seismic retrofitting requirements, and the
failure of property owners from adjoining or abutting parcels to comply
with zoning and permit requirements.

Homeowners too, most notably persons of wealth, may engage a
business law practice handling real estate litigation for such matters
as major design and construction flaws that may have been hidden or
obscured when they initially purchased their properties; in such
instances claims against responsible parties, including contractors and
sub-contractors as laws permit, may be pursued.

For any real estate litigator, certain inherent skills may be more
likely to ensure successful outcomes. One such example is experience in
adversarial proceedings. If a business practice lawyer has not appeared
before judges and juries as well as alternative dispute resolution
forums such as non-binding mediation, it is prudent for potential
clients to select another firm. In any case, a competent real estate
litigator should be fully prepared to try any case in state or federal
court.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.