The real estate attorneys at Calabrese Law Associates in Boston specialize in providing prompt and innovative resolutions to real estate disputes. While it is advisable to engage our services early on to prevent issues from arising, we are also adept at intervening midway to resolve unexpected disputes that may have stalled negotiations.
Unforeseen Challenges in Real Estate Development
Investing in real estate development, be it residential, commercial, or housing construction, is a significant endeavor. Unfortunately, problems like delays, material defects, or poor workmanship can jeopardize this investment. Property owners often find themselves accepting these defects due to the prohibitive costs and time required for litigation.
Protect Your Real Estate Rights Today
Homeowners may also face competing interests, trespassing issues, and foreclosure problems, leading to dissatisfaction with their property. Consulting a lawyer for real estate disputes can help you safeguard your property and avoid frustration.
Understanding Real Estate Litigation
Real estate litigation involves disputes arising from real property or an interest in it. In Massachusetts, these disputes may pertain to both commercial and residential properties. Typical conflicts include business dealings related to properties, boundary line disputes, and contract disputes.
Common Real Estate Disputes
Do you require legal representation for a real estate dispute? Our comprehensive services for commercial and residential clients include:
- Real estate contract disputes: Resolving contractual conflicts such as fraud, misrepresentation, or disputes regarding good faith estimates.
- Construction contract and defect litigation: Dealing with breaches of contract that may arise from construction agreements.
- Quantum meruit claims: Addressing compensation owed for services rendered.
- Cooperative and condominium association disputes: Handling disagreements over governing documents, sublet agreements, and co-op board decisions.
- Mortgage foreclosure: Assisting with foreclosing on a property when a borrower ceases mortgage payments.
- Property reassessment litigation: Resolving disputes over government property value assessments.
- Quiet title actions: Settling disagreements over property title ownership.
- Public and private nuisance: Addressing unreasonable interference with the use or enjoyment of a space.
- Adverse possession: Assisting with land acquisition based on continuous possession, often referred to as “squatter’s rights.”
Regardless of the specifics of your case, engaging an experienced Boston real estate lawyer as soon as possible increases your chances of a favorable outcome. Our legal team includes licensed real estate brokers and construction industry insiders who possess the expertise to represent you successfully, whether in court or at the negotiating table. We conduct thorough research and background investigations to prove cases of contractor negligence and other breaches of contract.
Our Areas of Expertise
At Calabrese Law Associates, our real estate litigation experts handle a wide array of cases, such as:
1. Breach of Contract
Breach of contract disputes, particularly in real estate, land development, construction delays, or workmanship issues, are often fiercely contested. Real estate agreements are contracts, and the rights and obligations may vary based on the agreed-upon terms. Therefore, it is crucial to ensure your contract protects your interests, whether it involves property sales or construction.
Building a persuasive case requires in-depth research by a real estate attorney. Calabrese Law Associates is your dedicated partner for building such a case, resolving disputes, and achieving your desired outcome.
2. Foreclosure
Foreclosure is the process through which a lender seizes and sells a property after a borrower fails to meet agreed-upon repayment expectations. Property owners must understand their rights and options for retaining their property and defending against foreclosure.
Foreclosure can present several challenges, and it is essential for lenders to comply strictly with the law when effectuating a foreclosure sale, especially for residential properties. Massachusetts, in particular, allows lenders to invoke the “Statutory Power of Sale” to liquidate your property relatively quickly after a default. A comprehensive understanding of real estate and foreclosure law is vital to safeguarding your interests throughout this process.
By partnering with a Massachusetts real estate attorney, you gain an understanding of options such as loss mitigation, loan modification, filing for bankruptcy, or instituting a civil action.
3. Negligence
Negligence occurs when a person breaches their duty, resulting in injury or loss to another party. Various individuals may have a duty of care toward those who visit, use, or reside on a property. For instance, real estate agents must disclose certain information to their clients and maintain confidentiality for sensitive information. Contractors are responsible for building properties according to required and reasonable standards.
Negligence by general contractors or subcontractors can lead to delays, unsafe conditions, or other issues that expose you to risk and loss. Calabrese Law Associates frequently handles cases involving contractor negligence, diligently pursuing your rights cost-efficiently and professionally.
4. Boundary Disputes
Accurate demarcation of boundaries is crucial in real estate transactions to avoid disputes. Issues can arise when boundaries are incorrectly registered or differ from the homeowner’s practical property line as per legal records. Engaging a real estate lawyer can help assess your chances of success, advise on the best course of action, and help resolve the dispute.
5. Trespassing
Homeowners often encounter situations where individuals or objects belonging to others enter their land without permission. This can include neighbors leaving debris or parking on your premises despite warnings. Such trespassing invades your exclusive property interest, causing both frustration and potential damage. Partnering with our real estate attorneys helps protect your property from unwanted incursions that compromise safety and enjoyment.
6. Easements on Property or Encumbrances
Real estate may be subject to easements or encumbrances, such as utility easements, prescriptive easements, access or driveway rights, liens, or mortgages. Before acquiring a property, it’s essential to verify the absence of conflicting interests or titles. An attorney can help conduct a title search or ascertain which easements run with the land or encumbrances the land possesses. Should a dispute arise, a real estate attorney can assess the strength of your case and protect your land.
When Should You Engage a Real Estate Lawyer?
It is advisable to collaborate with a real estate attorney when:
- Purchasing, selling, leasing, developing, or constructing real estate properties.
- Preparing documents for real estate transactions and construction agreements.
- Reviewing and signing construction contracts and agreements.
- Managing real estate properties.
- Financing real estate acquisitions.
- Litigating real estate disputes.
At Calabrese Law Associates, our Boston and Burlington offices are home to experienced real estate attorneys who handle a wide range of Massachusetts litigation matters for both residential and commercial clients.
We provide the expertise to help clients resolve real estate disputes at any phase of a development project or transaction, from acquisition and financing to construction, development, leasing, and management. Our litigation attorneys possess the knowledge and experience to assess risks, propose resolutions that avoid costly litigation, and vigorously represent our clients’ interests in Massachusetts state and federal courts when necessary.
Our strong community connections and active involvement in the local and regional construction and real estate industry enable us to offer efficient, personalized services. We prioritize quick resolution of disputes through negotiation but are fully prepared to escalate to litigation when needed, ensuring our clients’ claims are properly addressed.
Advocating for Home and Business Owners
At Calabrese Law Associates, we understand the importance of pre-litigation negotiations and strive to achieve swift and meaningful resolutions for our clients’ real estate disputes. While we prefer to resolve matters through negotiation, we are prepared to represent your interests vigorously throughout litigation, always keeping your goals in mind and minimizing your legal expenses.
Meet Our Boston Real Estate Litigation Attorneys
Our team of real estate attorneys in Boston has assisted numerous clients with their real estate disputes. Contact our office today to discuss your case and receive a clear assessment of your options going forward.
While Calabrese Law Associates provides legal assistance for landlord-tenant disputes, it is rare for us to handle these cases. Only approximately 1% of tenant-related cases and 10% of landlord-related cases are considered by our law firm.
This publication and its contents should not be construed as legal advice or a recommendation on how to proceed. Consult with a local licensed attorney before taking any action with potential legal consequences. This publication and its content do not establish an attorney-client relationship and are provided for general informational purposes only.
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