Real Estate

Purchase & Sales Disputes
Real Estate Disputes arising from the purchase and sale of residence or commercial property are generally governed by the terms of the purchase agreement and call for mediation and subsequently arbitration of disputes instead of court litigation. However, there is court intervention to the extent the buyer intent on purchasing the property at issue, in which event a court action on the basis of specific performance would be the proper course of conduct. There are also various other causes of action that may arise against one broker or agent for breach of fiduciary duty and/or fraud, in which event, the court process is the propeor venue as well.

Partition & Waste & Rents
These types of real estate cases generally involve disputes by and between owners of the same property who hold title by way of joint tenancy or otherwise in regard to the issues of sale v. retention of the real property; rental receivables; waste being committed by a tenant or owner residing thereon. These matters are generally litigated and require appropriate and timely appraisals in order to properly resolve. As a matter of course, this office always entertains mediation of these matters at the first instance possible in order to economically resolve the action.

Equitable Actions: Resulting Trusts & Constructive Trusts
These matter usually invovle equitable claims of ownership between family members who hold title in the name of one another on the basis of a prior agreement. Not only are these matters fact intensive and require deposition testimony the added element of emotional and family relationship render these matters extremely difficult to resolve until intense litigation is completed.