When a dispute arises over matters pertaining to real estate, it pays to have the right legal representation. At Patrick, Harper, & Dixon, we’re here to offer assistance with a variety of commercial real estate disputes In Hickory, NC, and to ensure you get help from an experienced commercial real estate lawyer.
The firm of Patrick, Harper, & Dixon has been helping clients in the area since 1946, providing quality legal guidance in matters related to commercial real estate litigation and estate planning, so if you are dealing with a commercial real estate issue, get the assistance you need by contacting our lawyers today.
Understanding Commercial Real Estate Litigation
Commercial real estate litigation deals with legal disputes involving properties and transactions. It is not uncommon for disagreements to occur between property owners, contractors, tenants, and other parties.
Some factors that can contribute to or cause commercial real estate disputes include the following:
- Construction defects
- Incomplete or unclear contract terms
- Non-compliance with land-use or zoning regulations
- Misrepresentation
- Negligence
- Unforeseen environmental issues
Misunderstandings between parties, tensions between tenants and landlords, failures to meet contractual obligations, and even zoning issues can all lead to disagreements as well.
Regardless of the cause, when these conflicts arise, turning to legal representation to pursue proper litigation — the process of using the court system to enforce rights or secure justice — is often the best option.
That said, commercial real estate litigation tends to be very complex, as there may be a number of parties involved. It usually also involves high transaction values, as well as legal and regulatory guidelines that often create points of contention.
Common Types of Commercial Real Estate Litigation
At Patrick, Harper, & Dixon, we help with several forms of commercial real estate litigation, such as:
Breach of Contract
A breach of contract occurs when one party fails to fulfill any part of their contractual obligations — providing on-time payments, not completing a job or delivering goods, and so on — without having a legitimate legal reason for that failure. Breaches often result in legal remedies like cancellation and restitution, compensation for financial losses, alongside other options.
Land Use and Zoning Disputes
Zoning laws dictate the acceptable use of land, including the type of structures that can be built in a particular location and the use they can have. If property owners want to change zoning designations — or if the local government denies a proposed land use — disagreements can begin. Disputes can also be sparked if the owner of a historical property wants to modify it or construct buildings near it that exceed the height limits set by zoning laws.
Tenant and Landlord Disputes
These kinds of disputes may involve problems with leases, property maintenance, and even eviction actions. Litigation can offer solutions like eviction or rent payment impositions, compensation for damages, and lease agreement enforcement.
Construction Disputes
Construction disputes often arise due to delays, quality-of-work issues, and budget problems. In resolving these kinds of conflicts, litigation offers contract termination, the payment of damages, and contract enforcement.
Environmental Litigation
These lawsuits deal with the impact that a property or development has on the surrounding environment. They can involve issues with land contamination, non-compliance with environmental laws, and pollution; water rights disputes fit here as well.
Title and Boundary Disputes
Title disputes deal with the legal ownership of a property, while boundary disputes deal with disagreements over where one property ends and another begins. Court orders that clarify property boundaries and establish ownership are common litigation solutions.
Foreclosure
Foreclosure is the process by which a lender evicts a tenant and takes control of a property after that tenant fails to cover their mortgage payments. When dealing with commercial real estate, foreclosure involves shopping centers, office buildings, and other non-residential properties.
Foreclosures are complex processes that can raise many legal disputes, as everything from the calculation of outstanding debt to the foreclosure process can be disputed. As such, legal solutions also vary widely, including things like loan modifications, repayment plans, and short sales.
How Legal Representation Helps
Having an experienced attorney on your side who knows the ins and outs of commercial real estate litigation is essential, given the complexity of commercial real estate contracts. At Patrick, Harper, & Dixon, we can advise you on your rights and obligations while also assessing contracts and handling negotiations.
Our attorneys manage all aspects of the case, including the drafting of pleadings and motions, negotiating settlements, and arguing cases in court. We’ll represent you in front of administrative agencies, at trial, and in appellate court.
Contact Patrick, Harper, & Dixon in Hickory, NC
Dealing with commercial real estate disputes on your own is never a good idea, but by turning to lawyers who understand commercial real estate law, you’ll get the chance to ensure your rights are respected. The attorneys at Patrick, Harper, & Dixon are ready to help you, so contact our team in Hickory, NC, today for a consultation.
