Real Estate Litigation

Overview

Closing a real estate transaction is always the primary goal for our clients, but sometimes disputes complicate issues and legal services may be needed. Closings may be delayed or disputes can arise after a sale is concluded or a commercial lease is signed. Smith Anderson’s experienced team of litigators and commercial real estate lawyers is available to protect our client’s interests and help find a timely solution at any stage of a dispute. With an unmatched depth of knowledge and range of expertise, our professionals are uniquely qualified to counsel clients when disputes arise. U.S. News - Best Lawyers® “Best Law Firms” ranks our Real Estate Litigation group as a Metropolitan Tier 1 practice group based on client and peer reviews. More than a dozen of our Real Estate Development Group attorneys are recognized by leading ranking publications as among the best lawyers in North Carolina, including Chambers USA, The Best Lawyers in America,® North Carolina Super Lawyers, U.S. News - Best Lawyers® “Best Law Firms,” Benchmark Litigation and Martindale-Hubbell.®

Smith Anderson’s state-wide Real Estate Litigation practice works closely with clients to analyze and manage risks and develop efficient, cost-effective strategies to meet their goals. We are adept at finding practical solutions to resolve real estate related problems, whether in court, through mediation or arbitration, or through a business resolution.

We represent clients across North Carolina, including a variety of buyers and sellers of real estate and commercial landlords and tenants. Our lawyers have litigated issues of title to land or leasehold interests and have used court procedures to either obtain specific performance of our clients’ contract rights, mandatory injunctive relief, or summary ejectment – or to defend such claims when asserted against our clients. We also represent property owners and condemning authorities in condemnation and eminent domain cases.

Smith Anderson also offers expertise in related areas such as Construction, Commercial Real Estate, Real Estate Development, Debt Finance, Environmental and OSHA, Land Use and Zoning, Restructuring, Insolvency and Creditors’ Rights, Government Relations and Corporate Relocation and Expansion.

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Services

Pre-litigation risk analysis and risk management, including contract drafting, business negotiations and advice regarding contractual rights and obligations
Disputes arising from breach of purchase and sale agreements, including claims for specific performance and damages
Commercial lease disputes, including summary ejectment actions
Eminent domain and condemnation actions
Special proceedings, including partitions and cartway actions
Land disputes related to trust or estate litigation
Alternative dispute resolution (mediation and arbitration)

Experience

Litigation Between Buyers and Sellers of Commercial Real Estate

Obtained an order granting specific performance requiring defendant seller to convey a downtown tract of land to client purchaser
Litigated buyers’ action for specific performance and obtained conveyance of disputed land via settlement prior to hearing on buyers’ dispositive motion
Successful defense of landowner sued by a buyer asserting a multi-million-dollar damages claim in connection with an agreement to sell a 17-acre tract to be developed as a shopping center
Successful defense of owner-seller of a two-acre tract sued for specific performance following expiration/termination of agreement, and obtained sanctions against plaintiff buyer and its counsel and an award of attorneys’ fees
Represented owner-seller of an apartment complex and, after purchaser’s termination of the contract, assisted seller with a negotiated resolution of the disputed earnest money held in escrow
Litigated plaintiff purchaser’s specific performance and damages claims resulting in favorable settlement
Action by seller for a declaratory judgment that contracts were invalid and/or terminated, and defense of a counterclaim by purchaser for specific performance
Defended intra-corporate shareholder lawsuits regarding development of two residential subdivisions owned by corporate entities, resulting in favorable settlement
Represented minority shareholder in intra-corporate dispute regarding numerous parcels of income-producing properties, resulting in favorable pre-litigation settlement
Successfully defended owner-seller sued for recovery of earnest money deposit
Buyers’ unfair trade practices claim was dismissed and court ordered buyers to pay client’s attorneys’ fees

Litigation Involving Commercial Real Estate Leases

Represented national retail chain and obtained a mandatory injunction requiring its landlord to deliver documents to governing municipality so that it could issue a Certificate of Occupancy that was needed for plaintiff to open its retail store
Represented landowner in dispute concerning its tenant’s failure to construct a power plant on the leased property. Negotiated termination of 60-year lease and power purchase agreement
Damages trial on behalf of plaintiff tenant regarding landlord’s breach of a pharmacy exclusive contained in a shopping center lease
On behalf of plaintiff landlord obtained summary ejectment of defaulting tenant at shopping center
Regularly represent commercial landlords and tenants in commercial lease and construction upfit, lien, and related litigation
Regularly represent owners, developers and contractors in construction lien claim disputes and litigation
Represented national developer and contractor in lien claim litigation related to construction of 290-unit condominium development

Land Use and Zoning Litigation

Represented developer-intervenor in defending commercial rezoning of property and resolution of issues related to the city's comprehensive plan
Represented developer-lessee in defense of approval of site plan for industrial facility

Special Proceedings

Litigated cartway action and obtained access for petitioner's landlocked seven-acre tract
Obtained partition of property owned by tenants in common

Eminent Domain/Condemnation

Represented several utility companies in acquiring by condemnation or settlement more than 1,000 miles of easements and fee-owned property for electric transmission lines and natural gas pipelines in more than 30 counties in North Carolina
Represented municipalities in acquiring by condemnation or settlement water and sewer easements