Ontario Commercial Litigation Lawyer Handling Commercial Real Estate Disputes in Toronto and Surrounding Areas
It goes without saying that commercial litigation issues involving real estate disputes can quickly become complex and involve an endless trail of contracts, paperwork, and laws that can be overwhelming for any business owner. At Financial Litigation, we represent corporate property owners and buyers in many different real estate legal issues. Here are some important facts about commercial real estate disputes.
What Are the Most Common Commercial Real Estate Disputes?
Anyone involved in the lease, sale, or purchase of commercial real estate is invariably exposed to potential legal disputes. Among the most common disputes, you may encounter boundary disputes, zoning, and land use issues, leasing issues, property tax issues, sale disclosure information, and issues related to a failure or refusal to close a purchase and sale agreement.
This can affect your ability to operate your business and ultimately threaten its financial well-being. The ever-changing legal parameters addressing commercial real estate litigation often mean you will likely be looking at a time-consuming litigation process requiring the help of a well-versed lawyer. When arbitration and negotiation are not effective, taking matters to court may be your next feasible choice.
How Are Commercial Real Estate Disputes Different From Residential Property Disputes?
Simply put, any issues concerning commercial real estate are considerably more complex than residential real estate disputes. Commercial properties often have additional insurance rules they must comply with, and there is also the matter of zoning. Certain activities are only allowed in residential areas, while others can only be carried out in an area zoned for commercial activities.
Many commercial property disputes involve multiple parties — from owners to tenants, realtors, investors, and commercial insurance carriers — and may require more extensive work and costly examinations by experts in the commercial property industry. Financial stakes are higher, properties are bigger and rules are considerably more complicated. While residential real estate disputes can severely affect every party involved, the consequences for a commercial real estate dispute can be significantly deeper.
What Should I Do in Order to Solve a Commercial Real Estate Dispute?
If your business is facing a commercial real estate dispute, the most important step is to contact a financial litigation attorney who deals with real estate issues and can advise you on your options. You will also want to keep a record of any documents, messages, emails, or written communications concerning the matter. It may also be useful to keep a log of incidents that may be relevant to your side of the case, including dates, locations, and details about what happened.
You may also want to refer to any contracts you may have with the other party such as a lease agreement or a buy-sell contract. If the contract contains any provisions addressing how disputes should be resolved, your next step is to try and follow what the contract says. Some documents may specify that other means such as arbitration or mediation should be used prior to litigation, and it may be in your best interest to try those avenues first before taking it to court.
When Should I Hire a Commercial Litigation Lawyer for My Property Dispute Problem?
Most commercial property disputes can only be resolved with the help of a knowledgeable lawyer, and often mean your business and all parties involved may be dealing with long-term consequences arising from the dispute. That does not always mean resorting to litigation as your first choice. A commercial litigation lawyer may suggest attempting to negotiate the matter in order to seek an agreeable solution outside of the courtroom, and may also serve as a mediator.
At Financial Litigation, our firm helps business owners find cost-effective and timely ways to resolve their disputes. Our goal is to help you find a positive outcome for your real estate issues while making sure the financial integrity of your business is protected. If you are dealing with a commercial real estate dispute in Toronto or surrounding areas, give our office a call at 416-769-4107.