Long Island & New York City Real Estate Litigation Attorneys
Real estate litigation is one of the many specialties of Roman & Piccinnini. Our attorneys are always on the cutting-edge of commercial and residential real estate litigation, whether it concerns income-producing real estate properties, office buildings, retail centers, apartment buildings, condominium developments, hotels, industrial structures, or private homes.
As professional real estate litigators, also known as trial lawyers, we represent plaintiffs as well as defendants in civil cases, handling all aspects of the litigation process from investigation to pleading and discovery, pretrial, trial, settlement and appeal.
Our competent, caring attorneys work for clients on both sides of real estate cases, coordinating buy/sell agreements, overseeing the process through which real estate is transferred between family members during estate planning, ensuring that real estate transactions are properly performed and recorded. We are also fully aware of all state and local laws that regulate land use and help guide you so that you avoid going against local zoning laws or laws established to protect the surrounding environment. When any of these matters lead to the courtroom, we are agile and powerful litigators, always ready to protect your interests.
Real Estate Matters Covered by Roman & Piccinnini
Our office covers a broad range of real estate matters, including the following:
Buyer or Seller Representation
Our attorneys have the ability to give you the first-rate representation whether you are buying or selling a home or a piece of commercial property. When you’re buying, we will negotiate to obtain the very best price on the property and when you’re selling we will make sure that you receive the highest amount possible for the property you sell. Having worked on both sides of the aisle, we have in-depth knowledge of real estate strategies as well as real estate law so whichever side of the real estate deal you’re on, we are committed to getting you the highest returns on your transaction.
The reason it is so crucial to have title insurance is so that you can prove ownership of your property in a court of law. Without such insurance, you will be vulnerable to a lawsuit. On the other hand, if you have previously purchased title insurance, the title insurer will be compelled not only to defend your claim in court, but to reimburse you if the case is lost.
It is important to remember that there are two types of title insurance policies: owner and lender, and that the lender’s policy will not cover the new owner of the property. At Roman & Piccinnini, we will defend your right of ownership through litigation whether you are trying to sell the property or attempting to purchase it without encumbrances.
Quiet Title Actions
Quiet title actions are lawsuits regarding property disputes. Their name is derived from the fact that such litigations “quiet” any challenging claims to the property in question by establishing who has actual jurisdiction. Our skilled attorneys will help you to file a quiet action title to prove who actually has title over the property in question so the real estate deal can proceed. As your legal representatives, we will get a copy of your deed to verify whether there are any liens on the property.
When property is owned jointly and one party wants to sell, the law offers a compromise known as a partition action, which can be brought to divide the property into individual shares among the owners. By having the property divided legally, our attorneys will allow you to move forward with your share independently. Partition actions need not require litigation if both owners agree to the division. If necessary, however, a court order can be obtained to divide the property into appropriately proportionate parcels, one suitable for each owner.
Though more precise measurements, surveying, and recordkeeping have made boundary disputes less common than they once were, these disputes can, and do, still occur. In addition to homeowners and commercial real estate owners disputing ownership or title, they sometimes argue over exactly where the line between their properties is. In most cases, this occurs when the deed itself lacks specificity. This is one of the reasons it is so important to have legal documents drawn up by consummate professionals.
Building Violation Curative
In addition to the many other legal service we provide, Roman & Piccinnini is here to help you if you get into trouble relative to various building regulations that come to involve litigation. We are adept at representing you in court for all types of violations, including:
- Contract disputes
- Environmental violations
- Housing quality violations
- Facade and landmark violations
- Failure to obtain Certificate of Occupancy
- Failure to obtain proper demolition applications
- Breach of contract claims
- Joint tenancy disputes
- Variance problems
- Easement and licensing disputes
- Zoning issues
Disputes between landlords and tenants are quite common and some can be settled amicably with a negotiated compromise. Many times, however, it is necessary for one or the other party to file a lawsuit in order to obtain just results. As in all real estate matters, Roman & Piccinnini’s attorneys are as comfortable fighting aggressively for your rights whether you are the defendant or the plaintiff, the landlord or the tenant. As a matter of fact, our experience on both sides of the aisle will stand you in good stead since our dual perspective helps us to know precisely which strategies will work best. We have a great deal of experience in litigating disputes involving:
- Security deposit limits and returns
- Rent control and stabilization
- Termination and eviction
- Right to withhold rent
- Landlord access to rental property
- Tenant protection against retaliation
- Protections for tenants who are victims of domestic violence
- Abandoned property left behind by tenants
- Fair housing rights and discrimination
- Health and safety standards
In a number of cases, federal laws as well as New York State laws may apply. For example, federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have regulations pertaining to environmental health hazards, such as lead-based paint. On the other hand, local laws that govern noise and nuisance may also apply.
How Roman & Piccinnini Can Help
Our practice is structured to assist you with any type of real estate litigation and we pride ourselves on tailoring our tactics to your individual needs. Though we are as eager as you are to solve problems through negotiations where at all possible, when litigation becomes impossible to avoid, we will be proactive in the fight to protect your rights. Our attorneys are renowned not only for their strength, but for their successful, innovative strategies. Contact us today to schedule a consultation.