Real Estate with Levy & Partners
Levy & Partners represent purchasers, sellers, brokers, developers, landowners, tenants, and condominium associations. If you are involved in a dispute involving real estate, either in or out of court, our attorneys can review the facts of your situation and explain the legal options that may be available to you. Our real estate litigation team has recovered millions of dollars on behalf of their clients and work on either an hourly or on a contingency-fee basis. Our attorneys have obtained significant recoveries in cases involving design and planning negligence, breaches of commercial leases, purchase and sale agreements, landlord-tenant disputes, and construction claims. If you have a real estate matter that you would like to discuss, contact us today to find out how we can help.
What are common types of real estate cases?
Besides the types of cases mentioned above, our attorneys handle cases involving:
Breach of a Real Estate Purchase or Sale Agreement: If a real estate seller who has signed a contract for the sale of real property breaches the contract and refuses to transfer title, our attorneys can pursue a number of legal remedies for the aggrieved buyer. These include monetary damages and specific performance. Specific performance is an order issued by a judge requiring a party to perform under the terms of a breached contract.
Our attorneys also represent sellers of real estate in disputes with buyers who have not honored their obligations under a contract for the sale of real property. When a buyer breaches a real estate contract, our attorneys can help the seller obtain damages stemming from the breach, including compensation for any expenses associated with the property while the resale is pending.
Failure to Disclose Latent Defects in Real Estate Transactions: Our real estate litigation team also represents clients in cases where a seller of real estate has failed disclose a latent (hidden) defect to the buyer. Under real estate law, sellers have a duty to disclose any known defects to the buyer of the property. If you purchased a residential or commercial structure and the seller failed to inform you of any defects in the property, our attorneys may be able to file a lawsuit against the seller seeking compensation for the financial harm you suffered. In addition, our attorneys may be able to file a lawsuit against the real estate broker who sold you the property.
Wrongful Conduct by a Real Estate Agent or Broker: Real estate agents have a fiduciary duty to act in the best interest of their clients. If this duty is violated, our attorneys may be able to file a breach of fiduciary duty lawsuit against the broker.
We also represent clients in cases involving real estate agent fraud. To have a valid claim for fraud, your attorney must prove that the broker committed an intentional act to harm or defraud his or her client.
Commercial Litigation
Commercial Litigation Attorneys
Commercial business litigation simply refers to any type of legal conflict relating to business issues. When matters become highly contentious between two or more businesses or corporations and one company takes legal action against the other, it is referred to as commercial litigation. Commercial litigation is a broad term that refers to all business conflicts, whereas business law itself is distinct in that it also covers the drafting of contracts and agreements (matters that may one day lead to a dispute). In simple terms, commercial litigation typically involves one or more businesses locked in a dispute over money or some other type of property.
Common examples of commercial litigation include the following:
- Breach of Contract –A breach of contract can involve purchases and sales of securities, real estate transactions, agreements to provide goods or services, or mergers and acquisitions.
- Employment Disputes – Disputes over health and pension benefits, overtime, age, race, gender or religious discrimination, all of these would fall under the category of employment disputes.
- Tortious Interference with Contract –This occurs when a third party successfully interferes with or otherwise prevents the performance of an agreement between two parties.
- Breach of Fiduciary Duty – iduciary duty is an obligation to act in the best interests of another party or entity. For example, a corporation’s board member will have a certain fiduciary duty to the shareholders, while a trustee has a legal obligation to the beneficiaries of an estate. It’s not uncommon for people in a position of trust such as corporate officers, directors, agents, trustees or partners to violate that trust and their fiduciary duty to the company they were working for or with.
- Fraud and Deceptive Trade Practices – Any type of fraudulent activities and misrepresentations in business transactions.
- Disputes Over Non-Compete Clauses – These disputes involve non-competition, non-solicitation, and non-disclosure agreements by former business associates, owners and employees. When there is a breach in one of these clauses, it may result in a lawsuit that includes a request for emergency relief by means of a pre-trial injunction or a restraining order.
- Antitrust Violations – Antitrust violations cover price discrimination, price fixing conspiracies, monopolizing a market, and conspiracies to allocate customers, or divide territories or otherwise control and prevent fair competition in the marketplace.
- Violating Intellectual Property Laws – Violations against intellectual property laws including: patents, copyrights, trademarks, trade dress, service marks and also trade secrets.
- Debt Collection – Collecting various types of debts such as guaranty agreements, promissory notes, and mortgages and deeds of trust.
Other types of commercial litigation include: partnership disputes, Civil RICO, ERISA, business dissolution, class actions, franchise issues, and shareholder issues among others.
Why Hire a Commercial Litigation Lawyer?
Commercial litigation is very specialized and often complex. Commercial litigation can also cover a wide variety of civil and criminal law matters on both state and federal levels. An experienced attorney can advise you of your legal rights and obligations to help save you money and legal hassles down the road. A qualified attorney can also help by giving you timely advice that can save you from costly litigation.
What is Involved When Litigating a Commercial Litigation / Business Issue?
While each commercial litigation issue varies, in general, commercial litigation follows all the steps involved in a civil lawsuit-getting an attorney, filing motions, engaging in settlement negotiations, trial, and possibly appeal.
What is a Breach of Contract?
A breach of contract is a failure to fulfill the duties under the contract terms. A contract can be breached in the following ways: one party does not perform as promised; one party does something that makes it impossible for the other party to perform the duties under the contract; or one party makes it clear that they do not intend to perform the contract duties.
Contract Drafting, Review & Negotiation
Florida Contract Drafting, Review & Negotiation Attorneys
One of the practice areas at Levy & Partners is business transactions and corporate law. The Firm can provide the knowledge and experience of a large firm, while giving our clients the hands-on service and attention to detail that only a smaller firm can truly offer. Our lawyers regularly go beyond the customary services, tailoring their work to the specific needs of each client.
Our services include forming a business and addressing the initial corporate formalities to the more complex transactional matters, sometimes involving international parties located in several different jurisdictions overseas. We have drafted an expanding number and variety of commercial contracts, including employment and severance agreements, leases, sale of business transactional documents, private placements, shareholder agreements, employment agreements, stock pledge agreements, security agreements, corporate resolutions, operating agreements and restrictive covenant agreements. Our clientele in this practice area is diverse and spans from sophisticated high net worth investors to small businesses.
Frequently Asked Questions
What types of real estate disputes require litigation?
Real estate litigation often involves disputes related to property ownership, boundary issues, landlord-tenant conflicts, zoning regulations, construction defects, and breaches of real estate contracts.
When should I hire a real estate attorney for litigation?
You should hire a real estate attorney when facing legal disputes over property transactions, contract violations, or any real estate-related conflict that requires legal action. Early legal guidance can help protect your rights and avoid costly mistakes.
What are common causes of real estate litigation?
Common causes include contract breaches during property sales, title disputes, disagreements over property boundaries, construction defects, and issues between landlords and tenants. These disputes often require legal resolution to protect property interests.
Can real estate disputes be settled outside of court?
Yes, many real estate disputes are resolved through negotiation or mediation before reaching court. Settling outside of court can save time and legal costs. However, if an agreement cannot be reached, litigation may become necessary.
What should I do if I discover a defect in a property after purchase?
If you discover a defect in a recently purchased property that was not disclosed, you may have legal grounds to file a lawsuit for misrepresentation or breach of contract. A real estate attorney can help you understand your options and pursue compensation.
Can a real estate attorney help with landlord-tenant disputes?
Yes, real estate attorneys can assist with landlord-tenant disputes, including issues related to eviction, rent collection, lease violations, and property maintenance. They can represent either landlords or tenants in court or negotiate a resolution.
What is the role of a real estate attorney in property transactions?
Real estate attorneys review contracts, ensure title ownership is clear, address zoning issues, and handle disputes that may arise during transactions. They help ensure that the deal complies with legal standards and that their clients’ rights are protected.
What types of compensation can I seek in real estate litigation?
In real estate litigation, you may seek compensation for financial losses, property repairs, or even punitive damages in cases of fraud or misrepresentation. The court may also order specific performance, requiring a party to fulfill contractual obligations.
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