FAQs About Commercial Real Estate Litigation

In New York, commercial real estate disputes lead to the litigation process when an agreement between involved parties isn’t possible. The process allows the claimant to seek damages based on their allegations. The following are FAQs about Commercial Real Estate Litigation.

What Concepts are Addressed Through Commercial Real Estate Litigation?

Commercial real estate litigation cases encompass a variety of occurrences. They include, but aren’t limited to, disputes between a landlord or tenant, sales transactions, and encroachments. The legal action also covers potential contractual obligations concerning a real estate agent, builder, or mortgage lender.

What Steps are Involved with Commercial Real Estate Litigation?

Once the claim is submitted, the defendant enters a plea. Next, pre-trial meetings are conducted in an attempt to settle the dispute without a trial. However, if the dispute isn’t settled during these meetings, the court schedules a trial. The judge and a jury make the final determination at the end of the trial.

Are There Any Differences Between Arbitration and Mediation?

Mediation is a meeting in which each party discusses the case to find a resolution. A neutral party is involved. The parties discuss the matter based on all terms presented and make an attempt to come to an agreement. On the other hand, arbitration is a meeting in which an arbitrator reviews the evidence on each side and makes a decision. Binding arbitration prevents a trial and stops further disputes in the future.

How Do Libel, Defamation, and Slander Differ?

In cases in which derogatory statements were made, the plaintiff files a claim based on how the statements were presented. Libel implies that the statements were written. For example, a news article that included negative statements fall under this category. Slander is a statement that is spoken. Defamation is a claim that the defendant made these statements in an attempt to tarnish the plaintiff’s reputation. To avoid facing a financial loss, the defendant must provide supportive evidence that proves that their statements are valid.

In New York, commercial real estate litigation is a legal strategy for managing disputes. The disputes pertain to contractual obligations of real estate agencies, contractors, and rental property owners. Businesses that wish to start Commercial Real Estate Litigation can contact Mark Aberasturi or visit his Facebook page for more info.