Real Estate Litigation

Understanding the industry and business of real estate – a core competency.

Our deep transactional experience in the real estate industry is complemented by a strong litigation practice. We know the industry and by its very nature, it is confronted with disputes. Our experience, skills and knowledge make a critical difference in advancing the litigation objectives of our clients. We represent and advise entrepreneurial and institutional owners and developers of commercial real estate at the local, national and international level in all segments of the commercial real estate industry.

More on our Real Estate Representation practice area.

Our Real Estate Litigation Experience Includes:

  • Boundary Disputes
  • Buy/Sell Disputes
  • Condemnation
  • Construction Management Disputes
  • Design & Construction Defects
  • Easement & Restrictive Covenant Disputes
  • Landlord/Tenant Disputes
  • Mechanic’s Liens & Payment Bond Disputes

Recent Real Estate Litigation Representative Matters

  • Pursuing claims on behalf of a shopping mall developer in The Woodlands, Texas, for breach of a commercial lease. The unsuccessful tenant abandoned the property and attempted to terminate the lease on the basis that the landlord did not provide sufficient parking.
  • Pursued claims on behalf of a developer for breach of a contract following its attempt to purchase a piece of real estate. The client executed an agreement to purchase the property with an agent for the seller, but was then informed that the property’s tenant had exercised its right of first refusal to purchase the property. Our client subsequently learned that the seller backed out of the sale with the tenant and our client sought to enforce its original purchase agreement. The seller argued that the agent who brokered the deal did not have authority to execute the agreement with our client. The parties settled the lawsuit on favorable terms to our client.
  • Defending a technology managed services firm against claims for breach of a commercial lease. Pursuing counterclaims against the landlord for constructive eviction because the client was forced to abandon the lease as a result of recurring roof leaks. The roof leaks caused mold and mildew to grow and prevented employees from being able to work from the office.
  • Obtained summary judgment on all claims asserted by commercial landlord following material breach and termination of commercial real estate lease.
  • Representing a real estate trust that owns, develops, and operates shopping malls in various capacities. Representation includes addressing, bonding around, and invalidating materialmen and mechanics’ liens and resolving disputes with tenants over fees, leasing payments, nuisance allegations, and more.

Litigation Group Contact

Chris Hanslik