Real Estate Law
Ben Moshe & Stein’s real estate practice focuses on a range of practice areas including:
- Acquisitions and Dispositions
- Project Development Services
- Project Management Services
- Specialized Project Services
- Real Estate Finance
Industries we serve include real estate, healthcare, hospitality, banking, and construction.
Real Estate Dispute Resolution and Litigation
Our attorneys help clients resolve disputes, achieve their objectives and gain a competitive advantage in the real estate industry. Our real estate litigation practice group, working with our colleagues in complementary practices, is well-positioned to assist with any issues and disputes that arise during any phase of a real estate venture or project. It is what we do, and we do it efficiently and effectively.
Ben Moshe & Stein’s litigation group represents commercial developers, commercial property owners, REITs, real estate investors, lenders, commercial receivers, property managers, landlords, homeowners, brokers, appraisers, title insurers, escrow agents, and other industry-related businesses with a diverse range of needs and interests. We handle virtually any real estate litigation matter, including disputes relating to:
- Acquisition and development: disputes arising under purchase and sale agreements, option agreements, development agreements, and land use and zoning disputes
- Construction: disputes relating to agreements with general contractors, subcontractors, and related liens
- Management: litigation of property management agreements and prosecution of receivership actions
- Real estate brokers and agents: contract disputes relating to brokers and agents, and their ethical, fiduciary, and other common law obligations arising in civil actions and in administrative proceedings before state regulatory agencies
- Litigation for banks and servicers: disputes relating to commercial loan agreements, promissory notes, deeds of trust, assignments of rent and personal guarantees, including loan workouts/restructurings, trustee’s sales, deficiency actions, and related bankruptcy proceedings, such as motions for relief from the automatic stay
- Title disputes: easement, property line, adverse possession, quiet title, trespass, nuisance, partition, and other title disputes and actions
- Landlord-tenant disputes: eviction proceedings, complex lease interpretation issues, and other landlord-tenant disputes
- HOA disputes: disputes relating to homeowners’ associations and related CC&Rs
- Eminent domain/condemnation litigation: litigating orders of immediate possession, valuation hearings, and the conduct of condemnation trials