Find Lawyers in Birmingham, Michigan for Litigation - Real Estate
Practice Area Overview
For developers, litigation can arise with land sellers over purchase and sale agreements; with municipalities over zoning and entitlements; and with contractors over construction bidding, cost overruns, and construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt, and collateral recovery; with junior and mezzanine lenders over subordination obligations; and with mechanic lienors over priority rights to the real property and loan proceeds. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Disputes regularly arise out of the often-complicated and interrelated contracts of the various parties with interests in the property, and tort claims of various kinds may be asserted, from broad common law claims, such as fraud and tortious interference, to more real estate-specific claims, such as trespass, encroachment, and nuisance. Equitable considerations are often present because of the unique nature of real property rights. Special insurance rights, such as title and builder’s risk policies, may be implicated.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
Timothy J. Patenode, Partner
Corporate Law & Commercial Litigation Legal Guide 2023View Legal Guide
John D. Gaber possesses extensive experience in the areas of real estate, corporate, general business, and commercial law. His practice focuses on property acquisition, development, land use and zoning, construction, financing and leasing matters for his real estate clients. He also represents clients in business structuring, commercial and operational matters, buy-sell agreements, acquisitions, and dispositions. He frequently engages in business and real estate dispute resolution. John&rsquo...
Richard E. Rassel, III focuses his practice primarily on the areas of business, real estate, and land use litigation as well as business and real estate transactions. Richard’s clients include public and private companies across a wide spectrum of industries such as real estate, engineering, telecom, manufacturing, automotive, insurance, health care , retail, technology, staffing, investment funds and trusts. In 2016, Richard assisted in closing three significant M&A deals and recov...
Richard Rattner has more than thirty years of experience in real estate law, with specialties in real estate acquisition, sale and loan transactions, land use development, zoning, and corporate law. Mr. Rattner is a member of the Oakland County Bar Association, the State Bar of Michigan, the American Bar Association and the Fellows of the American Bar Foundation. He served on the Governing Council of the Real Property Law Section (RPLS) of the State Bar of Michigan and remains an active parti...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.