What Is Commercial Real Estate Litigation?
Commercial real estate litigation refers to legal disputes arising from the ownership, lease, sale, or development of commercial properties. These cases often involve complex financial transactions, multiple stakeholders, and varying legal obligations, requiring expert legal representation to resolve effectively.
Common disputes include breach of contract, zoning violations, lease disagreements, and issues related to construction or financing.
Common Types of Commercial Real Estate Disputes
Lease Disputes - Conflicts between landlords and tenants over rent, maintenance responsibilities, or lease terminations.
Breach of Contract - Disputes over failed real estate transactions, non-compliance with purchase agreements, or unfulfilled contractual obligations.
Zoning and Land Use Violations - Legal challenges related to property use, zoning compliance, or restrictions on development.
Construction Disputes - Issues involving delays, defects, or breaches of construction contracts.
Title and Ownership Disputes - Conflicts over property boundaries, ownership claims, or title defects.
Legal Considerations in Commercial Real Estate Litigation
Commercial real estate disputes often involve intricate legal principles, including:
Contract Interpretation - Courts analyze contract language to determine the obligations and rights of each party.
Regulatory Compliance - Properties must adhere to zoning laws, environmental regulations, and local ordinances.
Financial Implications - Disputes can lead to financial losses, requiring detailed assessments of damages.
Mediation and Arbitration Clauses - Many contracts require alternative dispute resolution methods before litigation.
How We Can Help
At ME Law, we specialize in resolving complex commercial real estate disputes efficiently and effectively. Our services include:
Case Assessment - We evaluate the facts of your dispute and develop a strategic approach to resolution.
Negotiation and Mediation - Facilitating discussions to reach favorable agreements without resorting to litigation.
Litigation Representation - Representing clients in court to protect their interests and achieve positive outcomes.
Contract Review - Assisting in drafting and reviewing contracts to minimize future disputes.
Regulatory Guidance - Ensuring compliance with applicable laws and regulations to mitigate risks.
Take the Next Step
Commercial real estate litigation requires specialized knowledge and experience to navigate effectively. At ME Law, we are dedicated to protecting your interests and resolving disputes with precision. Contact us today to discuss your case and secure expert legal assistance.
Legal Rights of the Homeowner in a Power of Sale
During a power of sale process, homeowners have certain rights, including:
Right to Redeem - The homeowner can stop the power of sale by paying the outstanding mortgage balance and associated costs before the sale.
Right to Notice - The lender must provide the homeowner with a Notice of Sale at least 15 days after the default and 35 days before the sale.
Right to Surplus Funds - If the proceeds of the sale exceed the outstanding mortgage balance and associated costs, the homeowner is entitled to receive the surplus funds.
Right to Legal Representation - Homeowners have the right to legal representation throughout the power of sale process.
Right to Challenge the Sale - Homeowners have the right to challenge the sale if they believe the property was sold for an unfair price or if there were errors in the power of sale process.
Preventing Power of Sale
Preventing a power of sale is possible through several methods. Homeowners can refinance their mortgage, negotiate with their lender, or sell their home before the power of sale process begins. It’s essential to act quickly to have more options available and potentially stop the power of sale. To ensure that your power of sale process goes smoothly and without problems, contact ME Law to be consulted on all aspects of mortgage loan origination to the conclusion of a sale of the property.
ME Law will
Assess the strengths of your case and the likelihood of a favorable outcome.
Craft a comprehensive legal plan tailored to your specific business needs.
Identify and implement the most effective legal resolution to protect your interests.
Proactively address potential legal risks to safeguard your business against future challenges.
Let's talk about your case
- (416) 923-0003
- +1 (800) 891-2897
- intake@melaw.ca
- referral@melaw.ca