Real Estate Litigation

Our real estate lawyers are seasoned trial counsel, and represent corporate and individual clients in cases at the state and federal trial and appellate levels, as well as in transactions, restructurings, negotiations, and dispute resolution forums.

We represent property owners, landlords, management companies, community associations, agents, brokers, tenants, developers, landowners, homebuilders, contractors and other small to mid-size companies that face the risk of litigation. We also assist clients in negotiating and documenting transactions, including leases, mortgage transactions, easements, foreclosures and other agreements, as well as collection matters.

Areas of Focus

  • Breach of Contract Disputes
  • CC&R Litigation
  • Collection Matters
  • Commercial Landlord/Tenant Litigation
  • Commercial Lease Disputes
  • Commercial Unlawful Detainers
  • Construction Defect and Mechanic Lien Enforcement
  • Easements, Licenses and Boundary Disputes
  • Eminent Domain and Condemnation Actions
  • Environmental Issues
  • Insurance Coverage
  • Land Use Matters
  • Litigation of Secured and Unsecured Financing Matters
  • Management and Leasing
  • Partnership Disputes
  • Premises Liability
  • Purchase and Sale Transactions
  • Real Estate Acquisition and Development
  • Real Estate Broker and Appraiser Litigation
  • Restructurings and Workouts

Key Representations

  • Hundreds of matters representing commercial landlords in lease disputes involving evictions of tenants and lease default matters.
  • Matters on the behalf of commercial landlords pertaining to negotiating and drafting lease revisions regarding new commercial leases, amendments, revisions of leases resolving lease disputes, and revisions to leases addressing current economic situations on rent abatement, reductions and incentives.
  • Rules and regulations of the business common areas (CC&R’s), handled easement and right of way matters, and disputes involving adjoining or neighboring landowners or tenant issues.
  • Numerous matters pertaining to toxic and hazardous material on real property, including toxic mold, Chromium 6 cases, petroleum and hydrocarbon product matters, and Perchloroethylene cases.

Contact Berger Kahn today to learn more about our Real Estate Litigation practice area.