Are You Facing a Commercial Real Estate Dispute?

Atlanta Commercial Real Estate Attorneys Are Here To Help

If you own commercial property, then your title, income and your business may depend on your ability to resolve or litigate complex real estate disputes. Whether you have a partnership dispute, a lease issue, a cloud on title, a zoning issue, or other real estate disputes, it is important that experienced legal professionals protect your interests. You need robust legal representation from advocates who understand the intricacies associated with commercial real estate, development deals, or land use.

Our Atlanta commercial real estate attorneys represent the interests of commercial clients, individuals, businesses and government entities. We always work to avoid lengthy and expensive litigation. In business, however, that is not always possible. In those instances, we enter the courtroom armed with the facts and anchored in strong ethical practices.

What Are Common Types of Real Estate Litigation Matters?

Our team of real estate lawyers is experienced in many types of commercial real estate and land use issues. We come with a diverse background of experience and the tools needed to tackle most cases. The commercial real estate issues we handle include but are not limited to:

  • Atlanta commercial real estate attorneyPartner, shareholder, member and fiduciary disputes
  • Contract disputes
  • Business divorces
  • Lease disputes;
  • Construction Disputes;
  • Liens
  • Quiet title actions
  • Zoning
  • Land use
  • Permitting
  • Water runoff
  • Commercial foreclosures
  • Wrongful foreclosures
  • Easement disputes
  • Boundary disputes
  • Loan and Guaranty Disputes
  • Real Estate Agent and Broker Disputes
  • Fraud and Fraudulent Conveyance Suits
  • Inverse Condemnations and Condemnations
  • Regulatory Takings and Vested Rights Disputes
  • Creditor Claims in Bankruptcy Court
  • And Many Other Real Estate Disputes.

What Are Commercial Property Tax Appeals and Exemptions?

In addition to assisting with real estate disputes, leasing, foreclosures and other real estate law issues, our commercial real estate attorneys handle property tax appeals and exemptions also. Our law firm handles these appeals on a regular basis.

Hecht Walker, P.C. is one of the few real estate and land use firms in the Atlanta area that offers commercial property tax appeal services.

Complicated but necessary, commercial tax appeals enhance the value on real property while also shoring up the bottom line. Often, we can secure a positive outcome by working with our client during the administrative appeal stage, making litigation unnecessary. If the matter remains unsettled prior to litigation, then we will seek attorneys’ fees through litigation; this is provided the valuations asserted by the tax assessor are well above market.

Need Help with Commercial Foreclosures or Confirmations?

When a creditor forecloses on a security deed for a commercial property, the creditor may use a process known as confirmation. The confirmation process is for the creditor to seek a deficiency judgment in addition to taking the property.

Compliance with Georgia’s real estate laws, including the specific processes for notification, is mandatory during foreclosure and confirmation. We handle the commercial foreclosure and confirmation process from start to finish. Our Atlanta attorneys bring to the table specialized experience in these types of real estate disputes and can move the process forward for clients; we always negotiate, mediate and litigate as needed.

Do I Need a Lawyer for Lease Default Litigation?

Our law firm has experience assisting with lease default litigation. Depending on the circumstances, either the landlord or the tenant will have leverage. It is important to adhere to the specific statutes in Georgia law. Both landlords and tenants must exercise caution in the termination of leases and the eviction of occupants. As soon as the issue becomes relevant, consult with a qualified commercial real estate attorney prior to sending correspondence related to an eviction or you may cause a termination of the lease. Both parties should consult counsel prior to ending the relationship between landlord and tenant in the wrong way. Otherwise, damages may flow on either side of the ledger. A careful review of the applicable notice requirements, terms of the lease and the condition of the property play a role in determining which legal avenue to pursue. The primary areas that will require a deeper review are the default and remedies section of the commercial lease. Georgia courts look to the details within these provisions for guidance in their rulings. The courts will sometimes interpret them in ways neither the landlord nor tenant anticipated. This highlights the importance of having an Atlanta real estate dispute attorney by your side.

Is A Real Estate Litigation Attorney Necessary For Land Use And Title Issues?

In many cases, a real estate litigation attorney acts as an experienced advocate for those involved in issues that involve complicated factors. Land use issues are complex, especially when it comes to variances, special use permit applications, and re-zonings in Atlanta and throughout the state. Whether you have vested rights ignored or a re-zoning denied for illegal reasons, litigation is the best enforcement tool when local leaders refuse to follow the law.

Politics can also get in the way of the application of law; so having legal assistance will provide you with someone to enforce the law. Complications associated with clouds and encumbrances on the title to property can create disputes which make the transfer of property often impossible. The experienced legal team of Hecht Walker. can file quiet title actions and work with you and your title insurer to provide appropriate protection and to honor the title insurance policy.

What Should I Do About A Lien Against A Property?

If you are filing a lien in order to secure payment and resolve a legal dispute with another party, then the law requires certain formatting of the lien. The omission of certain language may invalidate your right as a lienholder. We work with property owners, builders, developers, material men, suppliers, and other lienholders to protect their rights.

For an owner, a lien against property is a real threat. Liens can significantly delay or even prevent the closing process on the purchase and sale of property. They can also inhibit your ability to secure loans. Conversely, for a contractor, subcontractor or supplier, liens are a proactive approach that can provide assurances for payment of monies owed. They protect the financial stability of the contractor so that he or she may meet his or her own financial obligations.

Lien laws in Georgia are ever-changing and are specific. Failure to abide by these laws can result in the unenforceability of the lien and a forfeiture of lien rights. Not only that, but current laws may require certain formatting of liens. Additionally, the failure to adhere to those guidelines may invalidate the rights of lienholders in some instances. In the end, getting it right the first time is crucial; having proper legal advice could save you time and money.

What Is The Difference Between A Breach Of Contract Claim And A Lien Claim?

Many assume a breach of contract claim is interchangeable with a lien claim. The biggest difference is found in who or what is left vulnerable. In a lien claim, it is the property and not the individual in question. In a breach of contract claim, the individual or breaching party is vulnerable due to the failure to uphold certain obligations.

Even when an owner has fairly paid the contractor, the property may still be susceptible to a lien if the contractor does not pay the suppliers and subcontractors. Lien waivers are vital and can protect a property owner from unethical contractors and subcontractors. Like liens, in order to be effective, lien waivers require precise legal framing with procedural compliance.

What Is The Difference Between A Regulatory Taking And Eminent Domain?

Whether you own a commercial structure, a residence or development property, the threat of condemnation is always present. Simply defined, regulatory takings in the state of Georgia means that the government may step in to regulate or limit the use of a property, even if it does not own the property. This may be because local government or authorized entity believes that the property is harmful to the public or if it is detrimental to other elements of the community. If these actions lead to a deprivation of the use of the property by the property owner, it then it may become a “taking.”

Contrary to what many believe, eminent domain and regulatory takings are two separate actions. In eminent domain, the government takes the property when an alleged greater public need arises. The property owner is, by law, required to be fairly compensated for the transaction. Regulatory takings also involve government action, but typically, the interest is in limiting the use of the property.

The reasons for a regulatory taking can vary. Oil or mineral interests, for example, may play a role in the government’s decision. As mentioned, if the government’s regulation is so restrictive at it offers no value to the property owner, then compensation may be awarded to the property owner as damages similar to the compensation provided in eminent domain matters.

Unrepresented parties may not receive an offer in condemnation matters that reflects the true market value of the property. Not only that, but the process as a whole can quickly become overwhelming. We assist clients in regulatory taking matters and in the condemnation process through applied leverage, negotiations, and the use of experts in the field, when needed. Hecht Walker, P.C. will work with you to try and best secure financial offers above the government’s initial offer.

Can I Avoid Litigation in Commercial Real Estate Matters?

While we are formidable trial lawyers, our goal is to avoid a courtroom showdown whenever possible. Litigation can be expensive, time-consuming and stressful. Therefore, we assess the client’s goals and work to be efficient in resolving the matter first if possible.

Atlanta real estate disputes can and often do end in an out-of-court resolution between the parties. Our Hecht Walker, P.C. team brings to the table many years of legal experience and an impressive history of going above and beyond on behalf of our clients.

Contact Atlanta Commercial Real Estate Attorneys Today

Serving clients throughout Georgia, our legal team can assist with a range of real estate law matters. From assistance with leasing, real estate disputes, rezoning, special use permits to resolving issues with local governments, we handle it all. Our commercial real estate attorneys have significant experience in enforcing and contesting lien rights.

Whether you are a commercial developer, homebuilder, real estate agent, bank, supplier or a contractor, Hecht Walker, P.C. can help you. Our Hecht Walker, P.C. mission statement is simple: hard work, honest work, teamwork. Contact us today to speak with an attorney


This information was posted on March 26, 2018 and does not constitute legal advice nor does it create an attorney-client relationship. The law changes on a daily basis and the reader should engage an attorney through a written agreement before taking action in this area of the law.