Real Estate Litigation


Real estate litigation is a broad area of business law that covers a variety of disputes ranging from real estate business partnership quarrels to land use disputes. Whether the case involves two local parties, several individuals or is nationwide in scope, our qualified real estate litigation attorneys are experienced in providing superior legal representation to those affected by real estate disputes.

Real estate litigation can be complicated, as there are often numerous parties involved in disputes. For example a dispute over the sale of a property may involve the original property owner, the property buyer, real estate brokers, property inspectors, and other involved parties.

The following parties are commonly involved in real estate litigation:

  • Property buyer
  • Property seller
  • Seller's real estate broker
  • Buyer's broker
  • Property inspectors
  • Architects and developers
  • Title or escrow companies
  • Contractors
  • Pest Control specialists
  • Neighbors
  • Homeowner's or condo associations
  • Landlords
  • Tenants
  • Real estate professionals
  • Consumers

Because real estate litigation can be made complicated with more than two involved parties, it is important to have an experienced and competent legal professional on your side when real estate disputes arise. Our attorneys have a great deal of experience handling matters of real estate litigation.

In addition to providing competent real estate litigation services, we also work closely with real estate professionals and consumers to develop a successful legal strategy that may enable them to avoid litigation and quickly resolve their case, while protecting their legal interests.

Please read on to learn more about just some of the different types of real estate litigation matters.

Commercial Lease Disputes

In real estate litigation, commercial lease disputes often involve commercial landlords and tenants, either of which may bring a claim against the other party.

Commercial lease disputes involving landlord negligence or wrongdoing can involve issues related to:

tenant options to extend or terminate a commercial lease term

unlawful increases in rent (including percentage rent based on business revenue) or change of terms

common area maintenance fees

the leasing of space to competing businesses

Accusations that a landlord has tried to default a current tenant to secure "better" tenancy

Commercial lease disputes involving tenant negligence can involve issues related to:

the storage of hazardous or other materials on site

damage claims, including fire damage

failure to pay rent

violation of lease terms

unauthorized changes to exterior of leased space

Landlord/Tenant Disputes

Landlord/tenant disputes often involve similar matters as commercial lease disputes, but involve rental agreement disputes and other disparagements. 

More specifically, landlord tenant disputes can involve:

disagreements over rent increases

responsibility for repair work

the return of a security deposit


other disputes related to property, rent, deposits, etc.

To protect your legal rights in a tenant landlord dispute, it is wise to familiarize yourself with federal, state and local laws, ensure the terms of your lease or rental agreement are clear, keep open communication with your landlord or tenant, and keep a written record of all correspondence and important documents.

While many landlord tenant disputes can be handled privately or through mediation, some more serious situations may involve hiring a competent attorney who can help you secure your damages in a small claims or other court.

Real estate partnership disputes

Investments in real estate and provide numerous opportunities to forge partnerships with other professionals. These partners can bring benefits of cash, knowledge and experience, and other advantages that you may not otherwise have in your business dealings. However, as each partner has his or her own interests and agendas, real estate partnership disputes can arise and bring significant problems.

While some real estate partnership disputes can be resolved privately, in other cases the partnership may dissolver or legal action may be necessary to recover substantial losses. For this reason, it is vital to have a competent real estate litigation attorney on your side to look out for your best interest and help you protect your legal rights.

Real estate partnership disputes can include such issues as:

disputes over profits or properties

poorly structures real estate partnership agreements

transaction dispute


partner bankruptcy

failure to provide capital

failed occupancy expectations


intellectual property infringement

and more.

Land Use Matters

Land use and zoning laws limit property owner's right to use their property in specific ways. Furthermore, these regulations limit the scope of the government's right to regulate land use in many ways. In most cases, the government has a valid right to institute zoning restrictions if they are reasonable, rational and have a substantial benefit for public health, safety, comfort, and general welfare. However, because these stipulations are so subjective it leaves much room for interpretation, disagreement, and sometimes even real estate litigation.

Real estate litigation may involve any of the following or other pertinent issues:

spot zoning

development entitlement

special uses

recapture agreements

public way approvals

annexation agreements


covenants and easements

In many areas, specially created zoning appeals boards have been created to handle land use matters. Given the complexity and changing nature of zoning laws and their interpretation and the special nature of these zoning appeals boards, it is imperative to have a qualified real estate litigation attorney on your side fighting to protect your rights and pursue your best course of legal action.

Real estate brokerage disputes

In the United States, real estate brokers can represent either the buyer or the seller of a property for a commission. These professionals are required to act in the best interests of their clients (this is called fiduciary duty) but unfortunately, this does not always happen. A real estate broker that commits fraud or otherwise causes damage to their client, or any other party in a complex real estate transaction, may be liable to provide compensation to that injured party through real estate litigation.

If you would like to learn more about real estate brokerage disputes or any related real estate matter, please contact our qualified attorneys who can determine your legal rights and the best way to protect your interests.

Other real estate matters

The real estate dispute issues discussed above are just some examples of the countless types of transgressions that may constitute an actionable offence for which an injured party could seek compensation through real estate litigation. 

Other areas of real estate that may involve a dispute requiring litigation include, but are not limited to:

Decisions made during the construction phase of real estate development (which may involve matters of timing, 

quality, costs, scope of work, and the division of obligations and benefits between contractors, architects, owners, 

buyers, and trade professionals.)

Disputes over real estate commissions

Title disputes

Condo, cooperative, or home owner's disputes

Tax certiorari disputes

Property condemnation case issues

Disputes arising from the dissolution of a joint venture or business entity, or a divorce of estate settlement

Disputes involving clubs, casinos, hotels, or motels

Regardless of the nature of your case, our qualified and experienced real estate litigation attorneys are ready to assist you. We can help you develop a solid plan of action that will protect your legal interests. When necessary, we can pursue real estate litigation to help you obtain the compensation you deserve after suffering damages caused by another party. Please contact our legal team at Oshman & Mirisola today to learn more about your legal rights and options in a real estate dispute.