Seyfarth Shaw’s experienced Real Estate Litigation team helps our clients successfully resolve a wide range of disputes efficiently and effectively, whether they stem from commercial lease disputes, land use issues, workout litigation, partnership disputes, title disputes, real estate brokerage matters, condominium association and cooperative corporation disputes, sale and acquisition disputes, or other related commercial and business disputes.

Our national Real Estate Litigation team works closely with our renowned transactional real estate, environmental, and construction attorneys to assess the unique needs of each dispute and develop plans of action to either quickly resolve the dispute and avoid litigation altogether or to aggressively position it for a successful outcome in litigation.

Our real estate litigation clients range from developers and builders to owners, landlords, commercial tenants, real estate management companies, institutional investors, lenders, real estate investment trusts (REIT), sponsors of cooperative and condominium plans, contractors and neighborhood groups.

As an added value to our clients, we employ our industry-leading SeyfarthLean program to achieve greater predictability in billing and reduce costs by offering alternative fee arrangements such as flat rates and fixed pricing for specific phases in certain real estate litigation. Likewise, members of our Real Estate Litigation team have developed process maps to graphically depict the workflow and steps needed for mortgage foreclosures, franchisee evictions and real estate-related bankruptcy matters.  

Our Real Estate Litigation experience covers a broad spectrum of areas, including:

• Administrative Proceedings
• Owner-tenant disputes
• Local government compliance proceedings
• Permit issuance and compliance representation
• MBE, MWB, and DBE compliance proceedings
• Bankruptcy- and Workout-Related Real Estate Litigation
• Commercial Lease Disputes
• CAM, taxes, and rent disputes
• Demolition clause disputes
• Termination clause disputes
• Early lease termination clause disputes
• Renewal clause disputes
• Tenant default disputes
• Landlord default disputes
• Forcible entry and detainer actions
• Improper use/non-permitted use disputes
• Access disputes
• Zoning/development/legal use rights disputes
• Surrender disputes
• Condominium Association & Co-Operative Corporation Disputes
• Election disputes
• Shareholder/Board disputes
• Nuisance proceedings
• Non-payment of common charges
• Warranty claims and construction defects
• Governance disputes
• Board Breach of Fiduciary duty claims
• Alteration Agreement disputes
• Conversion disputes
• Contract Deposit and Other Litigation Relating to Contracts for Sale of Real Property
• Specific performance claims
• Interpleader actions
• Broker commission disputes
• Breach of contract claims
• Dissolution Proceedings Relating to Entities Owning Real Property
• Eminent Domain and Condemnation Proceedings
• Environmental Disputes
• Franchise-Related Real Estate Matters
• Guarantee Disputes
• ILSA Litigation
• Insurance Coverage Litigation
• Declaratory Judgment proceedings
• Land Use Litigation
• Development rights disputes
• Easement disputes
• Adverse possession claims
• Nuisance claims
• Managing Agent Litigation
• Breach of management agreement claims
• Negligence claims
• Mortgage/Lien Foreclosure Litigation
• Mortgage foreclosure litigation
• Receivership appointment disputes
• Lender liability disputes
• Representation of tenants of property in foreclosure
• Partition Actions
• Real Estate Brokerage Disputes
• Brokerage commissions disputes
• Licensing disputes
• Real Estate Loan Litigation
• Lender – Lender disputes
• Lender – Borrower disputes
• Real Estate Partnership Disputes
• Receivership Applications
• Sale-Leaseback Disputes
• Sponsor-Developer Litigation
• Title-Related Litigation
• Title insurance disputes
• Title company errors and omissions
• Slander of title claims
• Actions to quiet title
• Violation Proceedings
• Warranty Claims and Construction Defect Claims