Real estate matters come in a variety of ways and are often mediated to successful conclusions. Corporate and residential landlord-tenant disputes are a common area of litigation. Leases can be exceptionally complex or rather straight forward in nature. Yet, as with so many areas of conflict, the emotional context of the participants can be of primal importance.
Commercial transactions are more legal forward matters that more often than not come down to a careful analysis of the terms and conditions that can be worked out in a less volatile environment. This isn’t always the case however when the lease battle is tied to a partnership dissolution and difficult feelings between the parties permeate the proceedings.
A totally different vibe can take over residential conflicts where a tenant’s very existential fiber is being tested. Some parties have no place to go, can’t afford to leave, experience a sense of failure, fear, or depression. The landlord may be saddled with a tenant who won’t leave, has destroyed the property, or caused financial hardship.
Battles over whether properties have been properly transferred; whether a buyer or seller fails to meet their obligations under an Agreement of Sale; or issues concerning property valuation or ownership as part of divorce proceedings or probate litigation, all fall under the umbrella that mediators so often find themselves.
Rich Smukler has experienced all of these and is always waiting to assist.