Other Practice Areas - Real Estate

Real Estate Lawyers

Swenson Law Group is committed to helping businesses with their commercial real estate needs. We believe in offering complete, personal service to our clients, from negotiating a lease or purchase and sale agreement to helping resolve disputes concerning your business property in a timely and cost-effective manner. We invite you to contact us today to learn more about our commercial real estate legal services.

The attorneys at our law firm are here to assist you with any commercial real estate issue, such as:

Conveyances and deeds
Purchase and sale agreements
Loan applications, modifications, negotiations
Lease negotiations
Landlord-tenant matters
Property management problems
Title Disputes
Construction disputes
Eviction proceedings
Commercial real estate litigation

Commercial Litigation

Commercial real estate litigation generally arises out of disputes between landlords and tenants, developers and construction companies, or buyers and sellers. The most common type of litigation involves breach of contract claims. Other common causes of action in commercial real estate litigation include breach of fiduciary duty, fraud, misrepresentation, and negligence.

In a typical breach of contract claim in commercial real estate litigation, one party to the contract alleges that the other party has not lived up to their obligations under the agreement. For example, a tenant may sue a landlord for failing to make repairs to the property that are required by the lease agreement. Or, a construction company may sue a developer for failure to pay for work that was completed within the terms of the contract.

Breach of fiduciary duty claims are also common in commercial real estate litigation. A fiduciary duty is a legal obligation to act in the best interests of another party. For example, a real estate broker owes a fiduciary duty to their client to disclose all material information about a property that they are trying to sell. If the broker fails to do this, and the buyer suffers damages as a result, the buyer may sue the broker for breach of fiduciary duty.

Fraud, misrepresentation, and negligence claims can also arise in commercial real estate litigation. Fraud occurs when a person or team makes a false representation to another, with the intent to deceive them. If a landlord tells a tenant that a property is zoned for commercial use when it is actually zoned for residential use, the tenant may have a claim for fraud against the landlord. Misrepresentation occurs when a statement is not true, but does not do so with the intent to deceive. If a real estate agent tells a potential buyer that a property is in good condition when it is actually in poor condition, the buyer may have a claim for misrepresentation against the agent.

Finally, negligence claims can arise when one party fails to take reasonable care to avoid causing harm to another party. If a landlord fails to make repairs to a property that create unsafe conditions for tenants, the tenants may have a negligence claim against the landlord.

Titles

When it comes to titles, there are a few different types of disputes that can arise. The first is when two parties both claim ownership of the same property. This can happen when there is an error in the public records, or when someone tries to sell property they don’t actually own. Another type of dispute occurs when someone claims ownership of part of another person’s property. This might happen if someone builds a fence or structure that encroaches on their neighbor’s land, for example.

Title disputes can be complicated and time-consuming to resolve, which is why it’s often best to hire an attorney who specializes in this area of law. An experienced attorney will know how to navigate the legal system and negotiate with the other party (or parties) involved in the dispute. They can also help to ensure that your rights are protected and that you receive fair compensation for any damages that have been incurred.

Do I Need A Lawyer?

If you’re buying or selling a home, you’ll need to work with a real estate attorney at some point in the process. Real estate attorneys provide important legal services for both buyers and sellers.

When you’re buying a home, a real estate attorney can help you Negotiate the purchase contract. It is important to properly handle all closing documents, understand what you’re signing, and know that the title to the property is clear. We can also help represent you if you are selling a home. Whether you are drawing up a sales contract, conducting a title search to ensure there are no hidden liens or other problems with the property, or dealing with any legal issues that come up during the sale.
We can help you if you’re having problems with your mortgage or facing foreclosure. We will advise you on the legal implications if you’re considering a short sale.

Clear Answers and Direct Legal Options

We know Idaho’s real estate market and the laws governing every type of commercial real estate transaction. No matter your legal need, you can rest assured that our counsel comes with thorough research, analysis, and a clear presentation of the options available to you.

We are here to help your business flourish, so it is our priority to handle any matter or dispute with an eye toward minimizing your costs and the time you’ll need to resolve the issue to your satisfaction. This includes preventing litigation by engaging in assertive negotiation. If litigation does become necessary, we will be prepared to argue effectively concerning every element of your case.

Whatever your commercial real estate needs, please do not hesitate to contact Swenson Law Group today to schedule an appointment to discuss your needs with our experienced team.