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Real estate litigation lawyers handle legal disputes related to real property. This can include issues with buying, selling, leasing, zoning, construction, lending, insurance, and taxation of real estate. Here is a more detailed overview of the responsibilities and work duties of a real estate litigation attorney:
- Handling real estate contract disputes – Real estate deals involve complex contracts and if a dispute arises over the terms, the litigation lawyer can help negotiate a settlement or take the case to court. For example, disputes over who is responsible for repairs, failure to disclose property defects, disagreement over closing terms, failure to pay on time, etc.
- Property title and ownership disputes – The litigation attorney can help resolve disputes over legal title and ownership rights. This includes boundary or survey discrepancies, adverse possession claims, contested inheritances, and fraud or forgery related to property titles.
- Foreclosures and landlord-tenant disputes – When a foreclosure is contested or tenants sue over dispute with a landlord, a real estate litigation lawyer can represent the lender or landlord in the ensuing litigation. Common issues include evictions, rent control, habitability, lease terms, security deposits, etc.
- Easements and land use disputes – Disputes frequently arise over shared driveways, encroachments, nuisance complaints, zoning violations, etc. The litigation attorney handles trespassing and nuisance lawsuits. They also contest any land use decisions or condemnation actions by local authorities that impact property values or development plans.
- Construction defects and mechanics liens – Shoddy construction work can lead to lawsuits over breach of contract, building code violations, mechanics liens, and construction accidents. The real estate litigation lawyer handles these complex construction defect cases and the web of contracts involved.
- Environmental contamination – Property owners often get embroiled in disputes over environmental contamination, underground storage tanks, hazardous waste, asbestos, and lead paint. The litigation attorney handles cases seeking recovery for cleanup costs or property damage.
- Challenging property taxes – Real estate lawyers can contest property tax assessments by filing appeals and lawsuits on a property owner’s behalf if they believe the municipal assessment is inaccurate or unreasonable.
- Negotiating settlements – The litigation lawyer will often negotiate settlement agreements and releases to resolve issues outside of court. They work to secure favorable terms for their client. If no settlement is reached, then they proceed to trial.
- Preparing cases for trial – This involves extensive pretrial preparation including gathering evidence, deposing witnesses, researching case law, retaining expert witnesses, valuing property, drafting legal briefs, and filing the appropriate court motions.
- Representing clients in court – If a settlement is not achieved, the real estate litigation lawyer will zealously advocate for their client during the trial and argue the case before the judge or jury. This can involve questioning witnesses, challenging evidence, and persuading the jury.
- Enforcing judgments – After winning at trial, the attorney will also assist with enforcing the court’s judgment, recovering awarded monetary damages, securing injunctive relief, or obtaining a property transfer through the court if necessary.
In Summation
Real estate litigation attorneys help resolve a wide variety of conflicts and disputes related to real property ownership and transactions. Their litigation skills, real estate knowledge, and experience with contract law are critical to optimally protecting their client’s interests in these complex cases.
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When you need legal help with a real estate issue, you want a lawyer who will truly advocate for you. At our firm, you’ll find an attorney with over 40 years of experience and a proven record of outstanding results for clients.
Michael Feinstein, our founding lawyer, holds the highest possible peer rating from Martindale-Hubbell – AV Preeminent. This honor is reserved for lawyers who demonstrate exceptional legal skills and ethics. He also has a perfect Avvo rating, further underscoring his dedication to clients.
How has Mr. Feinstein earned such high regard from his peers and clients? By consistently providing excellent legal solutions and personalized attention to every case. Over his long career, he has:
- Represented clients in well over 100 trial cases with successful outcomes
- Managed multi-million dollar real estate transactions
- Completed hundreds of commercial and residential deals
- Guided over 100 businesses from startup to financial success
This wealth of experience is an invaluable asset when navigating complex real estate disputes and transactions. Specific examples of Mr. Feinstein’s versatile experience include:
- Winning breach of contract lawsuits related to property sales
- Fighting condemnations and zoning changes that hurt land values
- Holding contractors accountable for construction defects
- Challenging unfair property taxes and assessments
- Recovering damages from environmental contamination
- Asserting title rights in inheritance and boundary disputes
In addition to litigation, we provide comprehensive real estate transactional services including:
- Contract review and negotiation
- Resolving title issues and ownership conflicts
- Landlord/tenant dispute mediation
- Foreclosure defense and assistance
- Property appraisals and valuations
- Eviction notices and hearings
- Complex Commercial Real Estate Litigation
In addition to representing real estate cases we also represent these practice areas as well:
- State and Federal Litigation
- State and Federal Appeals
- Class Action Lawsuit Representation
- Construction Litigation
- Business
- Business Organization
- Complex Legal Corporate Issues
- Contract Attorney
- Employment Lawyer
We’ve even successfully taken over botched cases from less experienced attorneys. Our knowledge runs deep across real estate and business law.
When your property, assets, and investments are on the line – you need an attorney who will fight for your best interests. With over four decades of working closely with South Florida clients, Michael Feinstein has the experience, integrity, and track record to get you optimal results.
To schedule your consultation with our highly regarded real estate attorney, call us today at 954-767-9662. Let our expertise work for you.
FAQS
Q: What types of employment discrimination cases do you handle?
A: We assist clients with all forms of employment discrimination based on protected characteristics such as race, religion, national origin, gender, disability, age, and sexual orientation. This includes discrimination, harassment, wrongful termination, failure to promote, unequal pay, and retaliation.
Q: If I’ve signed an employment contract with an arbitration clause, can I still work with an employment lawyer if issues arise?
A: Yes, absolutely. While an arbitration clause requires disputes to be resolved through arbitration rather than court, you still benefit from consultation with an employment attorney. We can represent you in arbitration proceedings, advise you on the strength of your case, negotiate a favorable settlement, and provide guidance on enforcing the final decision. Many steps are similar to litigation. An experienced employment lawyer can still provide great value despite the arbitration clause.
