The first step in a commercial property dispute is determining exactly what property rights or obligations are at issue. A dispute may arise from a lease, purchase agreement, development arrangement, financing agreement, or disagreement over how property may be used.
The nature of the dispute can affect which documents, laws, and potential remedies are relevant. Reviewing the underlying agreement and property records can help clarify the parties' respective rights and obligations before additional action is taken.
Review the Key Documents and Records
Commercial property matters often involve more than one agreement or document. A thorough review can help establish what the parties agreed to and provide context for the dispute.
Important records may include:
Purchase or lease agreements: These documents may establish payment obligations, deadlines, maintenance responsibilities, and other requirements.
Title and property records: Deeds, title information, surveys, and related records may be relevant to ownership, access, or other property rights.
Communications and financial records: Emails, notices, invoices, payment records, and other communications can help establish what occurred and when.
Preserving these records is important once a dispute becomes apparent. A complete collection of documents can make it easier to understand the history of the matter and evaluate potential claims or defenses.
Determine Whether a Contract Was Breached
Many commercial property disputes involve allegations that one party failed to comply with a contractual obligation. For example, a landlord and tenant may disagree about lease requirements, or a buyer and seller may dispute whether the terms of a purchase agreement were satisfied.
The specific language of the agreement matters. A business should identify the provision at issue, determine what performance was required, and examine whether the other party's conduct actually constituted a breach. Notice provisions, deadlines, conditions, and dispute-resolution clauses may also affect how the matter should proceed.
Consider Property-Specific Disputes
Commercial property disputes can involve issues beyond a straightforward contractual disagreement. The circumstances surrounding the property may determine what additional legal questions need to be addressed.
Common areas of dispute include:
Lease and landlord-tenant issues: Disagreements may concern rent, repairs, maintenance, property use, or other lease obligations.
Zoning and land use: Proposed or existing uses may be affected by local zoning requirements, development restrictions, or municipal decisions.
Ownership, title, and access: Disputes can involve ownership interests, title defects, boundaries, easements, or rights of access.
These issues can overlap. For example, a development dispute may involve both contractual obligations and local land use requirements. Evaluating the full situation can help identify the issues that need to be addressed together.
Evaluate Resolution Options
Litigation is not necessarily the first or only way to address a commercial property dispute. Depending on the circumstances, negotiation or mediation may provide an opportunity to resolve the disagreement without a trial.
Before choosing an approach, businesses should consider the value of the property or transaction, the strength of the available evidence, the terms of the relevant agreements, and the potential financial consequences. Some contracts may also require negotiation, mediation, arbitration, or another procedure before a lawsuit can proceed.
If a negotiated resolution is not possible, litigation may be necessary to protect property rights or pursue an available remedy. Acting promptly can also help preserve evidence and prevent important deadlines or contractual requirements from being overlooked.
Discuss Your Commercial Property Dispute With Weisberg Law
A commercial property dispute can affect much more than the property itself. It may interfere with business operations, delay development, affect an investment, or create ongoing financial uncertainty. Reviewing the relevant documents, identifying the specific dispute, and understanding the available options can help businesses determine an appropriate course of action.
Weisberg Law represents clients in commercial real estate and other real estate litigation matters throughout Pennsylvania and New Jersey. Contact Weisberg Law at (610) 550-8042 to discuss your commercial property dispute and available legal options.
