Real Estate Litigation
New York City Real Estate Litigation Lawyer
Real estate litigation often involves potentially high damages, multiple parties, and numerous regulations and laws. For these disputes, clients should be especially deliberate in retaining the services of an unwavering and knowledgeable real estate attorney such as Gary J. Wachtel, Esq.
As a seasoned New York City real estate litigation lawyer, Mr. Wachtel has represented clients in all manners of dispute. He also practices real estate transactions, business transactions and business litigation.
Breach of Contract
Mr. Wachtel’s practice skillfully and aggressively represents parties in all types of legal conflicts relating to real estate purchase agreements, leases, license agreements and other contract claims.
He also represents landlords and tenants in landlord / tenant contract disputes such as failure to provide essential services (heat, repairs, security) or lease violations (illegally subletting, nonprimary residence, owner’s use, lease expiration, property damage, nuisance complaints, failure to pay rent).
Part of our real property practice involves partition actions in which property is divided up according to the interests of its owners. Mr. Wachtel assists clients who have common ownership over property to divide property to reflect individual ownership. Such action may result in buyouts or actual sale of the property with the appropriate division of proceeds.
Cooperative and Condominium Association Disputes
Gary J. Wachtel, Esq. provides dedicated counsel to cooperative shareholders and condominium unit owners, as well as cooperative boards and condominium associations, in all manners of dispute, including those relating to maintenance obligations, subleasing, sales and violation of bylaws.
Rescission and Reformation
Rescission is a remedy that cancels an existing contract and restores the parties to their positions immediately before entering into the contract. Rescission can be sought as a result of innocent or fraudulent misrepresentation, duress and/or undue influence, mutual mistake or lack of capacity.
There are times when a contract, deed or other written instrument does not conform to what the parties understood or agreed to. In such circumstances, one party can seek the equitable remedy of reformation.
Mr. Wachtel can represent either party in the dispute and often times can negotiate a settlement without the need for costly litigation. Attorney Wachtel skillfully handles all legal matters involving rescission and reformation.
Quiet Title Actions and Boundary Disputes
Mr. Wachtel provides legal representation to those who are prosecuting quiet title claims to a property, as well as those seeking to establish ownership and lien rights. He represents property owners or affected neighbors in conflicts over trees, fences, setbacks and other boundary issues.
Injunctive Relief and Declaratory Judgment Actions
If a court order is required to prevent a party from doing something objectionable now or in the future or, to compel a party to take affirmative action to do something, Mr. Wachtel will petition the court on an expedited basis. He will seek a mandatory preliminary injunction pursuant to RPAPL 871 when there has been an encroachment on real property. He will also seek a declaratory judgment to legally validate claims of ownership, rent regulatory status or assertions of rights. More information about Injunctive Relief and Declaratory Judgment Actions.
Gary J. Wachtel, Esq. will pursue a court order to compel a party to a contract to perform what the party has promised to perform. In the world of real estate, each individual piece of land, each house, condominium or cooperative apartment is a unique property.
Foreclosures and Mortgage Disputes
He will bring or defend mortgage foreclosure and ejectment actions for residential and commercial properties, and represents property owners or lien holders in disputes about default status or other terms of the mortgage.
Shareholder Derivative Suits
Shareholders and directors are frequently embattled in litigation. Shareholders may claim that directors have breached their fiduciary duty to the corporation. They may also claim an abuse of control, waste of corporate assets, or gross mismanagement. The conduct of a director is governed by the duty of loyalty, which prohibits a director from profiting at the expense of the corporation. A director may also have failed to manage honestly and in good faith, breaching the duty of care to the corporation. Mr. Wachtel can aggressively represent either party in shareholder derivative suits.
Mr. Wachtel is a talented, persuasive writer, who masters the lower court’s record, researches legal principles, understands subtle distinctions and emerging trends. Appellate advocacy is an art; a specialized area of litigation requiring a meticulous and tenacious attorney who can effectively argue for a reversal of a lower court decision.
Contact an experienced real estate litigation lawyer today to arrange for your initial appointment. Let the experience of a Gary J. Wachtel, Esq. be your advantage: 212-371-6500.