What to Expect in a Real Estate Litigation Case: Timeline, Cost, and Strategy

Beginning a real estate litigation case feels like an insurmountable challenge. Property owners, investors, and landlords alike have many different considerations to bear in mind during this process. Protecting their interests and achieving the best possible outcome is not easy. 

However, by learning the steps in the real estate litigation process along with the costs involved, it is possible to develop a goal-oriented strategy. 

The Timeline of a Real Estate Litigation Case

When efforts to resolve a real estate dispute through avenues such as mediation and arbitration are unsuccessful, a lawsuit must be filed. 

A complaint is the initial document filed in real estate litigation. The complaint provides the opposing party and the court with an overview of the facts at issue and the relief being sought. Along with the complaint, a summons ordering the opposing party to appear in court will be attached. Service must be made on the responding party by a process server or a law enforcement officer.

The defendant in a real estate case has a specific period of time by which to file their response to the complaint. Much of the time, their response takes the form of a general denial of the allegations in the complaint. In some cases, counterclaims are made against the filing party, known as the plaintiff. From there, the rest of the case unfolds. Discovery involves the exchange of documents and relevant information between parties. 

Not all real estate cases make it to trial. Both sides will be given ample opportunity by the court to negotiate a settlement. Mediation and arbitration will again be options to consider. There are significant costs associated with going to trial. There is typically strong motivation from both sides to settle a case rather than risk the outcome as decided by a judge or jury. 

Developing a Strategy in a Real Estate Litigation Case

Most real estate disputes stem from a disagreement over the terms of a lease or other contract. The nature of the disagreement and the terms of the document will determine the strategy that is undertaken. 

In almost all situations, the best decision is one that can be reached efficiently and with all relevant circumstances considered. The longer a case proceeds, the more likely an investor, owner, or landlord is to lose money that is difficult to recoup. 

The party who gathers evidence efficiently has the best opportunity to strategize early and develop a plan. New York state law, title searches, and the terms of lease and other agreements must be carefully analyzed. There is no “one size fits all” solution in a real estate litigation matter. Every case and every party must assess their situation as the unique situation that it is. Understanding the timeline, cost, and strategies involved in a real estate litigation matter is a terrific place to start making those assessments. 

Contact Attorney Daniel Knox for Experience-Based Real Estate Litigation Services

New York City real estate litigation lawyer Daniel Knox provides comprehensive legal services to clients. For a free case review, contact our office today.