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Real Estate Litigation

Whether you are a landlord, tenant, purchaser, or seller, real estate disputes are significant and can involve the future viability of a business.  If a tenant doesn’t pay rent, if a landlord won’t make repairs, if a prospective buyer wants to back out, if an easement or restriction is discovered or enforced after a sale, or any other real estate dispute arises you will want experienced counsel to help you.  These disputes necessarily involve analysis and interpretation of voluminous legal documents.  A judge, jury, or arbitrator will need to have the pertinent provisions and issues presented in a clear, concise manner.  Counsel will also need to have a working knowledge of the law, including all action that must be taken before a recovery can be sought.  For instance, a contract may require written notice and an opportunity to cure any default.  There is no substitute for experienced counsel when it comes to real estate litigation.   

Damages from a lost lease, from the intended use of land, or from other disputes can easily reach hundreds of thousands or millions of dollars.  Experienced attorneys know that just showing a party is liable does not mean a case is won.  Counsel must also be able to prepare and present viable and understandable damage models, ensure a party takes action necessary to mitigate damages (such as showing the landlord sought a replacement tenant), and looks at damages from different perspectives and angles (such as lost profits, lost business opportunities, etc.).  Good counsel also looks at whether other parties may be liable for damages and ensures every possible avenue of recovery has been examined.    

Many leases and real estate contracts contain waivers of trial and require arbitration or some other form of alternative dispute resolution.  Arbitration is different from litigation, and information about arbitration can be found on our website.  Our attorneys are experienced with these and other forms of alternative dispute resolution.  At Drew & McCallum we have assisted businesses, entrepreneurs, and individuals with real estate disputes involving leases, purchases, surveying/inspection issues, construction liens, title issues, home owner association disputes, and other disputes.  Let our experience benefit you.          

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Do you have questions regarding sales contracts, lease contracts or other real estate transactions? Visit our Real Estate Law page to find our more about our general real estate services.

Additional helpful real estate information can also be found on our Construction Law page.

Visit our Articles & Publications page to read timely articles related to the firm's practice areas and your legal issues.

 

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Drew & McCallum is responsible for the contents of this site. The firm's principle office is located in The Woodlands, Texas.