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Real Estate Litigation

Overview

Disputes over real estate – whether they involve lease, purchase, sale, financing or other agreements; title claims; land use; or environmental issues – mean high stakes and lasting consequences for the parties and property involved. 

Loeb & Loeb’s real estate litigators advocate for industry stakeholders – property owners, developers, lenders, investors, landlords, tenants, mortgage bankers, real estate investment trusts, high net worth individuals, and title companies and their insureds – in complex, high-profile and high-dollar disputes. Our team has been involved in precedent-setting cases that have shaped the real estate landscape in New York, Los Angeles and markets across the country.

Our lawyers are courtroom-tested and trial-ready advocates for our clients. We know how to handle a case from start to finish, because we have done so – many times over – in state, federal and bankruptcy courts, in arbitration and other alternative dispute resolution forums, and before planning commissions, zoning boards, city councils and administrative agencies. 

We speak business – the real estate business. Our deep bench of real estate practitioners includes both litigators and transactional attorneys who work hand in hand to assist clients in matters touching every segment of the industry. We know the market. We know what is “market.” And we provide our clients with practical, business-focused solutions to their most challenging disputes. 

Our real estate litigation capabilities include: 

Commercial Landlord and Tenant Disputes
We represent clients in some of the largest and most complex landlord and tenant disputes involving commercial property in New York and California. We handle matters involving claims of nonpayment, violations of lease covenants, holdovers, lease expiration and termination, Yellowstone injunctions, lease defaults, capital improvements, rent escalations, and related issues. Our experienced landlord and tenant attorneys aggressively pursue our clients’ rights under the lease and applicable law to achieve their business objectives. 

Land Use and Zoning Disputes
Our litigators assist clients with legal challenges related to zoning, entitlements, and local, state and federal permits and approvals for the use and development of real estate. We handle the entire scope of land use actions, including litigation and administrative appeals related to easements, California Environmental Quality Act (CEQA) compliance, growth control issues, Ellis Act enforcement actions, “nexus” disputes, condemnation and eminent domain matters, air and water rights disputes, and historic preservation issues. 

Contract and Partnership Disputes
We represent clients in disputes arising out of real estate contracts ranging up to hundreds of millions of dollars in value, including partnership and limited liability company agreements, and acquisition and disposition agreements. We also assist clients in resolving disputes regarding financing arrangements, leases, and condominium and cooperative ownership, as well as disputes related to retail, hospitality, and restaurant development, operations, and contracts. 

Title Claims and Title Insurance Litigation
As national trial counsel for nearly all of the leading title insurance companies, Loeb has unparalleled experience in all aspects of title insurance litigation arising from insurer liability and title insurance coverage claims. We defend title insurers, insured owners and lenders in title claims involving lien priority and ownership, easement rights, encroachments, adverse possession, and other real property matters.

Mortgage Lien, Foreclosure, Lender Liability and Bankruptcy Litigation 
Our litigators handle the full spectrum of commercial mortgage foreclosure actions, receivership appointment disputes and lender liability disputes. We also represent creditors, debtors, committees and trustees in real estate-related bankruptcy proceedings and workouts. 

Environmental Disputes 
We handle matters involving contaminated properties under a variety of laws, including federal and state Superfund claims, and nuisance and trespass claims. In addition, we defend stakeholders in toxic tort, California Proposition 65 and environmental crimes cases, and represent insureds in filing environmental claims under general liability insurance policies.