Representation For Commercial Real Estate Disputes
Our commercial real estate attorneys at Simkin & Associates, Inc., commonly represent or litigate on behalf of property owners, real estate developers, secured lenders, landlords, tenants and others such as borrowers or bondholders.
Whether claims arise from purchase or sale agreements, options to buy, post-closing adjustments to specific performance and escrow issues, rescission or claims of fraud, or breaches of contract, our commercial real estate litigation attorneys will advise you on the best course of action. This could include negotiation of settlement terms, commercial contract dispute resolution or arbitration, or the prosecution of a case in the courts.
We have experience in the financial aspects of commercial real estate from secured loans to foreclosure proceedings, enforcement of guarantees, disbursement claims, escrow matters, and claims of bad faith or issues pertaining to lender liability.
Experience With Complex Financial Transactions
Our commercial litigation team has a strong track record of representation in commercial agreements involving multiple loan participants, co-ownership situations and occasions involving multiple creditors or bondholders.
We have over 30 years of hands-on experience in commercial financial issues arising from secured loans, receivership, enforcement guarantees, public financing, private-public partnerships relating to low-income housing, government-supported projects and more.
On the business side, we are very adept in management and operating contracts involving the following:
- Apartments and condominiums
- Hotels, motels and resort properties
- Malls, strip malls and shopping centers
- Business parks and high-rises
- Storage facilities, commercial warehouses and commercial docks and shipping centers
- Public property leases and temporary leases
- Government housing and commercial leases and government-supported or financed properties and projects
- Reclassification of private to commercial property and subsequent sale, leasing or construction
This includes a deep knowledge of the varied business structures, such as limited liability companies, corporations, partnerships and other entities, and the common issues and disputes arriving thereof, including shareholder equity disputes, participation rights and duties, corporate dissolution matters, liquidation and instances of a partner or shareholder being “squeezed out” as well as fraud, conversion and other matters.
Decades Of Experience Resolving Real Estate Problems
Our commercial real estate contract and financial knowledge also covers such elements as title matters relating to bona fide encumbrancers or purchasers as well as liens and lien holders, including mechanics and contractors, easement rights, etc.
We also advise on cases involving eminent domain disputes, focusing on litigation surrounding right to take, urban redevelopment, relocation, restitution, fair market value and historical properties. We have extensive knowledge and a history of success in matters dealing with federal, state and local governments, codes and statutes.
Litigation is a last resort as a strong effort to pursue a settlement. Our commercial real estate attorneys are adept negotiators of settlements. They know the applicable statutes and case law. Such knowledge allows us to ascertain areas of breach to support a valid claim and how to leverage such to inspire potential defendants to settle to the satisfaction of our clients, thus forgoing the immense time and expense inherent in defending a claim in the courts.
Frequently Asked Questions About Commercial Real Estate Litigation In California
Anyone in California can find themselves in the middle of an unexpected real estate lawsuit that could shake their business. When that happens, clients just want real answers from lawyers like ours who have been through this before and know how to deal with it.
How can I protect my business from future real estate litigation?
Being proactive is the best protection. California law puts a lot of responsibility on property owners and business operators, so staying ahead of potential issues is key. Consider the following steps to reduce your legal risks:
- Review and update your lease, purchase or joint venture agreements regularly
- Use customized contracts, not generic templates
- Document all communications, payments and maintenance activities
- Stay informed on city or county ordinances that may affect your operations
- Consult a real estate attorney before making any large property decisions
These preventive measures can make a big difference if a dispute ever arises.
How do zoning laws affect commercial real estate litigation?
Zoning rules in California are complex and vary widely by city. If your intended property use does not align with the zoning designation, you may face:
- Project delays due to noncompliance
- Fines or stop work orders from the city
- Lawsuits from nearby businesses or homeowners
- Loss of permits or approval for redevelopment plans
- Disputes over easements, variances or conditional use permits
Before purchasing or repurposing property, it is essential to confirm that zoning supports your intended use. One misstep can trigger months or years of litigation.
Can I pursue litigation if I have a lease dispute with my commercial landlord?
Yes, but litigation is not always the first step. California law allows landlords and tenants to resolve many disputes through negotiation, mediation or arbitration. That said, legal action might be necessary if your landlord has breached the lease or is attempting to evict you without cause. Confirm that you understand your lease terms, especially around renewal, termination and dispute resolution.
Why hire Simkin & Associates, Inc., for my commercial real estate dispute?
When real money or property is at stake, you need more than advice; you need a solid plan. Our firm is known for creating tailored legal strategies for commercial property owners, developers and business investors. Our unique strategic attack plan helps clients navigate California’s real estate challenges with clarity and focus.
Overall, we are all about getting you results. We will apply the relevant law to your situation and analyze the information you provide to chart a clear path forward.
Contact Our Firm Today
If you’re planning to enter or are currently entering into a legal matter regarding commercial real property and wish to speak to a knowledgeable attorney, please connect with us for a free consultation. Contact us online or call our Los Angeles office at 888-288-5723.