Real estate is one of the most valuable and complex investments a person or business can make. Whether you’re buying, selling, leasing, or developing property, legal disputes can arise at any stage of the transaction. When they do, the expertise of a real estate litigation lawyer becomes essential. These professionals handle legal conflicts related to real estate, ensuring that your property rights are protected and disputes are resolved efficiently—either in court or through alternative legal solutions.
In this article, we explore what real estate litigation lawyers do, the types of cases they handle, how to know when you need one, and how to choose the best attorney for your situation. With the real estate market continuing to evolve in 2025, staying informed on your legal options is more important than ever.
A real estate litigation lawyer is a legal expert who specializes in handling disputes and legal issues related to real property. Unlike a transactional real estate attorney who focuses on drafting contracts and facilitating closings, a litigation attorney is involved when a conflict escalates into a legal dispute that may require negotiation, arbitration, or even trial.
These lawyers represent clients including:
Their job is to protect the legal rights of their clients while seeking to resolve disputes through court rulings, settlements, or alternative dispute resolution (ADR).
Real estate litigation can arise in residential, commercial, or industrial property transactions. Here are some of the most common legal disputes a real estate litigation lawyer handles:
Contracts are central to real estate deals. Disputes may arise when one party fails to uphold their obligations, such as not transferring ownership, missing payment deadlines, or failing to disclose defects.
Conflicts over property lines or shared access (e.g., driveways, utility easements) can lead to legal action. A lawyer may use surveys, deeds, and historical records to resolve such issues.
These may include eviction cases, security deposit disputes, lease violations, property damage claims, and failure to make repairs.
When homeowners face foreclosure due to mortgage default, litigation lawyers may represent them to challenge improper procedures, negotiate settlements, or delay proceedings.
Conflicting ownership claims or title defects can prevent property sales. A quiet title action is a lawsuit used to establish rightful ownership.
These include claims related to construction defects, delays, breach of warranty, and failure to meet zoning regulations.
If one party misleads another during a property transaction—such as hiding major structural issues—litigation may be needed to recover damages.
When co-owners of a property cannot agree on its use or sale, a partition lawsuit may be filed to divide or sell the property legally.
Homeowners often find themselves in legal battles with homeowner associations over fees, rules enforcement, and use of common property.
It’s wise to consult a real estate litigation lawyer under the following circumstances:
The earlier you involve a lawyer, the better your chances of a favorable outcome—often avoiding court entirely.
While each case is unique, real estate litigation typically follows these steps:
The lawyer reviews the case details, gathers documentation, and provides advice on legal strategy.
This stage involves gathering evidence, interviewing witnesses, reviewing contracts, and inspecting the property.
The attorney files a formal complaint or responds to one, outlining the legal basis for the case.
Before trial, lawyers may file motions to dismiss, suppress evidence, or settle the case out of court.
If a settlement cannot be reached, the case may proceed to trial, where the judge (and sometimes jury) hears arguments and issues a verdict.
If a party disagrees with the outcome, they may file an appeal, though this process can be lengthy and costly.
Many real estate disputes are resolved outside of court through alternative dispute resolution (ADR):
These options are generally faster, less expensive, and more private than court litigation. A skilled real estate litigation lawyer can guide clients through ADR or represent them in a courtroom if necessary.
Choosing the right lawyer is crucial. Here’s what to look for:
Legal fees vary based on the complexity of the case, location, and attorney experience. Common billing structures include:
It’s important to request a written fee agreement and ask about retainer requirements, court costs, and additional expenses.
Before meeting with a real estate litigation attorney, prepare the following:
Being organized helps your attorney evaluate the case faster and more accurately.
In today’s real estate climate, several trends are shaping the litigation landscape:
As property values soar in major markets, disputes over ownership, contracts, and inheritance are on the rise.
Flooding, fire zones, and environmental restrictions are prompting legal challenges, especially when risks are not disclosed.
With more deals being conducted online, fraud and cybersecurity breaches have become common litigation topics.
Increased urban development is leading to conflicts over zoning, permitting, and land use regulations.
Evolving business models are creating tension between landlords and commercial tenants—leading to renegotiation and litigation.
Real estate litigation is a complex field that touches every aspect of property ownership, leasing, and investment. Whether you’re a homeowner, landlord, developer, or tenant, legal disputes can arise unexpectedly and have major financial consequences.
A real estate litigation lawyer is your advocate in these high-stakes situations. They offer not just legal representation, but peace of mind—ensuring that your property rights are protected, your contracts are enforced, and your disputes are resolved with minimal disruption.
If you’re facing a real estate issue or simply want to be prepared, consulting with a qualified litigation attorney could be the smartest investment you make in protecting your property and future.