Ins and outs of Real Estate Litigation

Real estate litigation serves to mitigate disputes that may arise in a variety of circumstances.

Litigation is defined as the process of bringing a lawsuit. In business litigation, specialties arise within the specialty. One of these is real estate litigation.

Real estate litigation typically arises from real estate disputes. Such disputes may occur within purchase and sales contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, property insurance, property tax assessment, and design and construction defects or boundaries. All of these sub-specialties within real estate law may require litigation expertise to resolve.

The objective with any litigated real estate case is to obtain a favorable outcome. Representation in matters of fiduciary duty and partnership and contract disputes can often produce multimillion dollar judgments and defense verdicts in favor of a real estate litigator’s clients. Litigators of real estate matters often represent buyers and potential buyers of real estate. Within the real estate milieu, land use restrictions leveraged in advantageous ways are often litigated for clients as diverse as owners of vineyards, hotel and motel owners and developers (and increasingly with bed & breakfast lodging establishments as proprietary brands are haggled over), and developers of commercial and residential properties. Real estate litigators frequently become engaged in disputes over boundary lines and easement rights, enforcement of seismic retrofitting requirements, and the failure of property owners from adjoining or abutting parcels to comply with zoning and permit requirements.

Homeowners too, most notably persons of wealth, may engage a business law practice handling real estate litigation for such matters as major design and construction flaws that may have been hidden or obscured when they initially purchased their properties; in such instances claims against responsible parties, including contractors and sub-contractors as laws permit, may be pursued.

For any real estate litigator, certain inherent skills may be more likely to ensure successful outcomes. One such example is experience in adversarial proceedings. If a business practice lawyer has not appeared before judges and juries as well as alternative dispute resolution forums such as non-binding mediation, it is prudent for potential clients to select another firm. In any case, a competent real estate litigator should be fully prepared to try any case in state or federal court.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit

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