What are the Different Types of Real Estate Disputes a Lawyer Can Help Me With?

By  //  September 21, 2021

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Real estate litigation is a broad area of business law that covers a variety of disputes ranging from real estate business partnership quarrels to land use disputes. Real estate litigation can be complicated, as there are often numerous parties involved in disputes.

For example, a dispute over the sale of a property may involve the original property owner, the property buyer, real estate brokers, property inspectors, and other involved parties. 

A Real Estate Lawyer that has real estate dispute and mediation experience can handle all the following while you get back to your business. 

Parties that are Commonly Involved in Real Estate Litigation

 Property buyer

 Property seller

 Seller’s real estate broker

 Buyer’s broker

 Property inspectors

 Architects and developers

 Title or escrow companies


 Pest Control specialists


 Homeowners or condo associations



 Real estate professionals

Commercial Lease Disputes

In real estate litigation, commercial lease disputes often involve commercial landlords and tenants, either of which may bring a claim against the other party.

Commercial lease disputes involving landlord negligence or wrongdoing can involve issues related to:

 tenant options to extend or terminate a commercial lease term

 unlawful increases in rent (including percentage rent based on business revenue) or change of terms

 common area maintenance fees

 the leasing of space for competing businesses

 Accusations that a landlord has tried to default on a current tenant to secure “better” tenancy

Commercial lease disputes involving tenant negligence can involve issues related to:

 the storage of hazardous or other materials on site

 damage claims, including fire damage

 failure to pay rent

 violation of lease terms

 Unauthorized changes to the exterior of leased space

Landlord/Tenant Disputes

Landlord/tenant disputes often involve similar matters as commercial lease disputes but involve rental agreement disputes and other disparagements.

More specifically, landlord-tenant disputes can involve:

  • Disagreements over rent increases
  • Responsibility for repair work
  • The return of a security deposit
  • Eviction
  • Other disputes related to property, rent, deposits, etc.

To protect your legal rights in a tenant landlord dispute, it is wise to familiarize yourself with federal, state, and local laws.

To ensure the terms of your lease or rental agreement are clear, keep open communication with your landlord or tenant, and keep a written record of all correspondence and important documents.

While many landlord-tenant disputes can be handled privately or through mediation, more serious situations may involve hiring a competent attorney who can help you secure your damages in a small claims or other court.

Real Estate Partnership Disputes

Investments in real estate provide numerous opportunities to forge partnerships with other professionals. These partners can bring benefits of cash, knowledge and experience, and other advantages that you may not otherwise have in your business dealings.

However, as each partner has his or her own interests and agendas, real estate partnership disputes can arise and bring significant problems.

Do I Need a Lawyer for Help with Real Estate Disputes?

Real estate disputes might involve several possible legal remedies. You may need to hire an experienced property attorney if you need help with any type of real estate conflict. Your attorney can research the law in your area and can help determine your best course of action.

While some real estate partnership disputes can be resolved privately, in other cases, the partnership may dissolve, or legal action may be necessary to recover substantial losses. For this reason, it is vital to have a competent real estate litigation attorney on your side to look out for your best interest and help you protect your legal rights. 

Real estate partnership disputes can include such issues as:

 disputes over profits or properties

 poorly structures real estate partnership agreements

 transaction dispute


 partner bankruptcy

 failure to provide capital

 failed occupancy expectations


 intellectual property infringement

Land Use Matters

Land use and zoning laws limit property owner’s right to use their property in specific ways. These regulations limit the government’s right to regulate land use. In most cases, the government has a valid right to institute zoning restrictions if they are reasonable and have a substantial benefit for public health, safety, comfort, and general welfare. 

Because these stipulations are so subjective, it leaves much room for interpretation, disagreement, and sometimes even real estate litigation. Real estate litigation may involve any of the following or other pertinent issues:

 spot zoning

 development entitlement

 special uses

 recapture agreements

 public way approvals

 annexation agreements


 covenants and easements

Real Estate Brokerage Disputes

In the United States, real estate brokers can represent either the buyer or the seller of a property for a commission. These professionals are required to act in the best interests of their clients (this is called fiduciary duty) but unfortunately, this does not always happen.

A real estate broker that commits fraud or otherwise causes damage to their client, or any other party in a complex real estate transaction, may be liable to provide compensation to that injured party through real estate litigation.

Other Real Estate Matters

The real estate dispute issues discussed above are just some examples of the countless transgressions that may make up an actionable offense for which an injured party could seek compensation through real estate litigation. 

Other areas of real estate that may involve a dispute requiring litigation include, but are not limited to:

 Decisions made during the construction phase of real estate development may involve matters of timing, quality, costs, the scope of work, and the division of obligations and benefits between contractors, architects, owners, buyers, and trade professionals.

 Disputes over real estate commissions

 Title disputes

 Condo, cooperative, or homeowner’s disputes

 Tax certiorari disputes

 Property condemnation case issues

 Disputes arising from the dissolution of a joint venture or business entity, or divorce estate settlement

 Disputes involving clubs, casinos, hotels, or motels

If a solution cannot be found through negotiation or other alternative dispute resolution and the case must go to court, your attorney will be able to represent you at court hearings and at trial, if necessary. You are likely to get the best outcome if you have an experienced real estate lawyer representing your interests.