Before things come to litigation, most parties will try to resolve real estate issues beforehand using alternate dispute resolution forums such as mediation that are designed to present a solution to all involved parties without the need for court action. In the event that such an outcome is not possible, however, the dispute will typically need to be escalated to commercial real estate litigation in Arizona.
Regardless if you are the party bringing the litigation, or if you are defending yourself from litigation, the reality is that involving the courts can be time-consuming. In these instances, you’ll want an experienced commercial real estate litigation attorney in Arizona representing your best interests. In particular, you will want an attorney who has plenty of trial experience.
The most common reasons for commercial real estate litigation include things like: boundary disputes, breach of contract, breach of duty, financial disputes, breach of fiduciary duties owed, land use disputes, lease disputes, negligence of duties owed, fraud, disputes over joint ventures, insurance disputes, easement disputes, and even things like specific performance.
A common cause for commercial real estate litigation in Arizona are financial disputes. These can include elements such as disputes over escrows, sales and purchases, rescission, claims of fraud, lender claims and more. The reality is that financial disputes that are real estate related can hinder a company’s growth and footprint. Such disputes may be unavoidable and it is advisable to address these matters with urgency and with the right Arizona commercial litigation attorney, so you can get a swift and favorable outcome.
Commercial Lease Disputes
A dispute over a commercial lease can involve things like lease terminations, lease disputes, breach of contract or breach of lease, and even things like first right of refusal. Since commercial leases are typically for longer terms and higher amounts than residential lease agreements, these types of issues have complexities that will require the insight and experience of a seasoned commercial real estate lawyer in Arizona to resolve.
Breach of Duty & Negligence
Breach of duty and negligence generally occur when real estate actors do something wrong, for instance by failing to represent the best interests of a party that is owed a fiduciary duty. Breach of duty or negligence or contract can also apply to landlords or tenants that have not followed the obligations detailed in the lease agreement or expressed under state law. In some cases, this can result in litigation, if it can be established that breach resulted in a financial loss or a disadvantage.
Litigation regarding specific performance takes place when one of the signers of a real estate contract fails to perform the obligations agreed to in contract. For instance, a property owner that executes a contract to sell a building attempt to back out of the deal without providing valid or legal reasons for the cancellation. In these cases, litigation can be brought forth to seek a court remedy for these actions and to ensure that the obligations of the contract are fulfilled by all parties involved. Specific performance is an attainable but difficult remedy to obtain in court.
A boundary dispute takes place when property lines are not properly accounted for in between different properties. In many cases, these issues are resolved without a costly and time-consuming court action. A land survey and demand letter can typically suffice. But in some cases, they are a result of the failure to hire an experienced Arizona commercial real estate attorney to research and clearly identify property lines before a purchase takes place.
Breach of Contract
One of the most common causes of commercial real estate litigation in Arizona is breach of contract involving sales and leases. While each contract comes with its own set of enforceable terms and conditions, commercial real estate leases require that the party seeking the remedy establish that duties were breached resulting in failure to fulfill the terms and conditions of the contract. If you believe that you have been the victim of breach of contract, it is important to properly document the details of the breach and work with a commercial real estate attorney to properly notify the offending party before attempting to pursue litigation. Generally, the breach of contract clause in any lease agreement will detail the requirement for notification and the time period for curing the breach.
Find a Commercial Litigation Attorney in Arizona
The attorneys at Gottlieb Law have significant experience with commercial real estate litigation in Arizona. Our attorneys can assist you with any issues and help you understand your rights. If you anticipate a lawsuit, our attorneys can assist you in protecting your reputation and business. Contact us today at 602-899-8188 to schedule an initial consultation or Contact Us online.