Real Estate Litigation

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Real Estate Litigation | Civil Lawsuits

Whether it’s about a family home, investment property, or a multi-acre development project, real estate litigation is complicated. Clients need experienced litigators on their team who understand sophisticated transactions. When a client gets before a judge or jury, they should be represented by someone who has been there before.

Real estate is a magnet for litigation, from disputes in transactions and development to conflicts among co-owners or between landlords and tenants. The high stakes can rapidly escalate a simple contractual dispute to threats of lawsuits, liens, foreclosures and injunctions — overshadowing more practical solutions.

Real estate litigation encompasses the many disputes that may arise over the sale, lease, development, use, or enjoyment of real property. The court system identifies two main categories of real estate: residential and commercial. The laws governing each type of real estate differ from one another, with residential real estate law featuring more protections for purchasers and renters as consumers. The range of possible disputes can be overwhelming for businesses and individuals alike.

Crane Law helps owners, developers, secured lenders, loan participants, bondholders, borrowers, guarantors, landlords, tenants, and others with all types of real estate litigation including:

  • Breach of contract
  • Breach of fiduciary duty
  • Construction defects
  • Landslide disputes
  • Lease disputes
  • Lender/broker misrepresentation
  • Mortgage disputes
  • Negligence
  • Ownership/partnership disputes
  • Real Estate Settlement Procedures Act
  • Truth in Lending Act

Crane Law provides swift intervention to resolve real estate disputes or position clients for litigation. Michigan attorney Steve Crane Jr. draws on more than 20 years of experience to quickly assess the situation, flesh out the options and take appropriate action.

As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief. For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.

You should contact Steve. He can assess the facts of your case and help you determine your best course of action moving forward.

To schedule a discrete and confidential consultation about your matter, email or call Steve at (248) 963-6300.

What are the types of real estate transactions that often give to litigation?

Residential real estate includes personal homes, townhomes, condominiums, apartments, and other types of property primarily intended as a private dwelling. Commercial real estate includes offices, retail stores, factories, warehouses, and other locations intended for the transaction of business. Property intended for development into residential property, such as a subdivision or apartment building, is usually considered commercial real estate until it is subdivided and sold to private homeowners or leased to tenants.

Most disputes leading to real estate litigation involve agreements between individuals or businesses to buy or sell real estate or to perform a service related to real property. Common agreements and transactions in residential or commercial real estate may include:

  • Sale/purchase of real property;
  • Purchase money financing for real property;
  • Lease agreements;
  • Property management agreements;
  • Property inspections;
  • Code compliance;
  • Surveying;
  • Zoning review and approval;
  • Construction contracts for new construction and renovations;
  • Property appraisals; and
  • Title commitments and title insurance.
What are some types of commercial real estate disputes?

Disputes in commercial real estate often relate to contractual disputes, property development or management, and disagreements over land use or title. These disputes may include:

  • Breach of lease, through non-payment of rent, failure to maintain commercial premises, or failure to operate a business in the manner described in a lease contract;
  • Disputes between property owners and tenants over the use of commercial space;
  • Zoning violations, or other disputes involving land use regulations;
  • Construction or development contracts, including lack of payment, unsatisfactory services, or worksite personal injury;
  • Disputes over fair market value of property;
  • Undisclosed pollution or contamination of property; and
  • Easements or other encumbrances preventing intended uses of real property.
What are some types of residential real estate disputes?

Disputes arising from residential real property transactions may include:

  • Breach of contract for sale of real property;
  • Seller’s disclosures regarding the condition of the premises;
  • Disclosures regarding financing;
  • Disputes over boundary lines or other encroachments;
  • Nuisance claims;
  • Alleged violations of restrictive covenants;
  • Property Owner’s Association disputes;
  • Easements or other encumbrances;
  • Defects in title;
  • Foreclosure or alleged wrongful foreclosure;
  • Division of real property in divorce; or
  • Division of real property among heirs in the case of a homeowner who died intestate, or without a will.

As an experienced lawyer, Steve Crane Jr. can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief. For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.

You should contact Steve. He can assess the facts of your case and help you determine your best course of action moving forward.

To schedule a discrete and confidential consultation about your matter, email or call Steve at (248) 963-6300.