Real Estate - Litigation
Retaining a lawyer is not mandatory in real estate transactions in New Jersey, but what happens if the closing falls apart, if you cannot agree with your buyer or seller, and you no longer are able to proceed with the closing? In that case, you may be headed towards litigation. I always remind clients that the courts are a vehicle of last resort. This means we should expend all of our options before we file a complaint: suing someone is the legal equivalent to a haymaker.
In the past I have represented clients in the Superior Court, in the Special Civil Part, the Law Division, and Chancery. Sometimes this relates to breach of contract actions, refusal to release an escrow that was agreed upon between the parties, and even as part of partition or specific performance claims. It is important to understand that each court has different requirements and that each claim (or cause of action) has a different end goal.
As a real estate attorney who also handles litigation, I certainly am aware of the pitfalls that may arise. Many times, I look to reason and negotiate with opposing parties to meet your needs. Unfortunately, that does not work; some people may simply call your bluff. My hope as a litigator is to work in your interests to meet your needs. This is unique and specific to you and your situation. Not all circumstances are the same, and it is important that each client has a real estate litigation attorney that can be empathetic to their situation, and devise a plan that best suits them.
Before filing or responding to a lawsuit, I will need your contract or agreement, any correspondence between you and the other party, and all addenda (additional agreements). If a title commitment was ordered, if an inspection was performed, or if any other actions were taken, these reports would certainly be necessary for review. With an understanding of the entire agreement and what has transpired in your real estate transaction, I am better prepared and informed to enforce and advise you of your rights. Sometimes, that could mean suing to force someone to sell their home to you (specific performance), or for breaching the contract, acting without good faith and fair dealing, for breaching implied warranties, and for damages for time and money spent and lost on your real estate closing.
Each case has its own unique factors, but once a complaint is served, an answer must be filed within 35 days. In lieu of an answer, a defendant may file a motion to dismiss. In addition to an answer, the defendant may file a counterclaim (a lawsuit back at the plaintiff) and even serve discovery demands. Depending upon your case, you may need any combination of these responses to adequately defend your rights and interests. Having the above information is therefore vital because it allows me to map out a more thorough strategy for prosecuting or enforcing your rights. If a case management order is entered (a discovery order), then discovery commences and, in the event settlement cannot be reached or motion practice to dismiss the complaint is not complete, trial.
If you are looking for a real estate litigation attorney in New Jersey in the event your residential or commercial closing or negotiation has failed, you can email me at Ranalli@ranalli-law.com. Your rights and privacy are 100% protected. We never share or sell your information or email. No one wants spam email and I respect your right to privacy. I am here to help you.
