Real Estate Litigation
Commercial and Residential Real Estate Litigation:
Paz, Reuven and Co. Law prides ourselves on being quick, tenacious and cost-effective problem solvers. We understand the value of your investments, the complexity of your legal matters and the importance of results. We listen to our clients’ goals, guiding them every step of the way. We do not advise clients or develop legal strategies in a vacuum. Paz, Reuven and Co. takes the time to understand your business and measure our success by achieving your objective. For each matter, whether it involves litigation, real estate, or business, we are our client’s champions.
Who We Are:
Paz, Rueven and Co. Is a real estate law firm located in Tel Aviv and Jerusalem. Prior to establishing the law firm, both attorneys gained extensive experience and peer recognition working with nationally and international renowned law firms. However, Paz, Reuven and Co. found that clients were not happy with high legal fees and long, clogged legal pathways to case resolution, especially in the real estate and litigation arenas. Paz, Rueven and Co. Lawyers strikes a difference that our clients appreciate and welcome. We have discovered better, more efficient ways to provide the highest quality legal services in a boutique law firm setting.
Who We Represent:
Our full service law firm offers first-class legal services to businesses and successful individuals throughout Israel and the international community. Our clients include business owners, domestic and multinational corporations, property management companies, lenders, receivers, condominium and homeowner associations, commercial property owners, entrepreneurs, sellers, buyers, developers, landlords, contractors and clients across the globe doing business in Israel.
Put Our Knowledge to Work For You
Peers and clients routinely recognize our attorneys as industry leaders. We have a deep understanding of the rapidly evolving Israeli real estate market and legal arena and have valuable relationships within them. With extensive local knowledge and know-how, our attorneys are well positioned to advocate for their clients, help resolve their disputes, achieve their objectives and gain them a competitive advantage.
On real estate litigation and commercial litigation matters, Paz, Reuven and Co. law firm is accomplished at:
- Residential real estate
- Commercial real estate
- Commercial Evictions
- Residential Evictions
- Buyer and Seller Representation
- Closings – Local, Mail Away and International
- Lender Representation
- Reviewing, drafting and negotiating leases and contracts
- Assisting investors and purchasers in Due Diligence
- Real Estate Tenant Bankruptcies
- Property Entitlements
- Commercial Code Enforcement
- Lien Mitigation
- Real Estate Contract & Lease Negotiation
- Tama 38
- Community Association Representation
- Property and Asset Manager Representation
- Zoning and Land Use Law
- Land Trusts
- Loan Modification
- Quiet Title Litigation
- Asset Protection and Wealth Management
- Property Insurance Claims
- Construction Defect Disputes
- Eminent Domain / Quick Take Proceedings / Inverse Condemnation
- Partition (Division of Real Property)
- Condominium Disputes
- Foreclosure Defense
- Contract Disputes
- Property Insurance Claims
- Premises Liability Law
- Broker Disputes
- Representation of HOA’s, Property Managers, and Receivers
- Occupancy disputes
- Down payment disputes
Real estate disputes can be as diverse as the parties and the projects themselves. For developers, litigation can arise with land sellers over purchase and sale agreements. With municipalities, litigation may occur over zoning and entitlements. Contractors may encounter litigation over construction bidding, cost overruns or construction defects and delays. For lenders, litigation can arise with borrowers over loan commitments, loan defaults and associated debt and collateral recovery. For property owners, disputes can arise with retail and commercial tenants over unpaid rent, repair and restoration obligations, and rights of first refusal.
Paz, Reuven and Co. Law firm is accomplished at advising clients in numerous complex real estate matters. We handle disputes over the sale of buildings and portfolios, rights of first refusal, landlord / tenant, financing documents, rent reset proceedings, option agreements, quiet title disputes, specific performance cases, title insurance claims, joint ventures, condemnation and quick take proceedings, and environmental aspects of real estate. We have experience in every facet of real estate litigation and represent clients in various forums, including state and federal court, and administrative proceedings.
Effective real estate litigation requires striking a balance between aggressive litigation and the ability to resolve a case with alternative dispute resolution or mediation. In order to achieve our clients’ objectives, we draw upon our expertise in other disciplines including environmental, tax, corporate and restructuring/bankruptcy law. In addition, equitable considerations are often present because of the unique nature of real property rights.
Residential Real Estate:
Transactions involving residential real estate are often the largest purchases and sales most people will make in their lives. There are numerous laws in place on how transactions should be handled. In addition, the numerous contracts and documents involved in the process should be carefully handled. Carelessness with these documents can land sellers and buyers in legal entanglements that are not easily resolved.
Paz, Reuven and Co. Law Firm provides the real estate and law expertise needed to prepare for real estate transactions locally and internationally and see them through successfully. Whether you are buying a home or selling one, we will help you with the legal aspects of the process to ensure a secure transaction.
There are many elements to consider when purchasing a home, including the city of the property, its compliance with zoning and land use laws, and the paperwork that accompanies every stage of the buying process. Our lawyers can assist you with every aspect of purchasing your dream home, from document analysis to negotiating transactions.
Given the complexity of the various documents involved in the process, you will need the assistance of an experienced real estate lawyer. Only a trained eye can catch the small errors and inconsistencies that may appear in real estate related documents and contracts, and missing those errors can land you in some serious legal complications. Prior to making any agreements with sellers, be sure to have a lawyer review the following documents:
Description of property
Mortgage loan documents
Bill of sale
Title insurance documents
Any other document you may be asked to sign
Reviewing these documents is key to protecting you from prematurely committing to a purchase. It can also head off conflicts with zoning laws if there is something amiss with the property. Paz, Rueven and Co. Law Firm can help you avoid the pitfalls involved in purchasing a home.
To avoid lawsuits due to misrepresentation of the property, zoning law conflicts, or other issues, you need to be sure your home and its documentation are all in proper order prior to selling. Everything needs to be consistent and handled within the limits of the law. Otherwise, you may end up in a costly legal entanglement.
Paz, Reuven and Co. Law Firm provides skilled legal advising to residential real estate owners looking to sell on the housing market. We know the ins and outs of the various laws and processes involved in these transactions, and that allows us to provide the keen guidance you need, whether you are preparing plot description documents or negotiating the terms of an agreement.
Contracts set forth the terms, conditions, and remedies that are available to the parties in real estate transactions. Should a dispute arise, we emphasize early intervention to prevent escalations and preserve relationships. Our attorneys can work with you to negotiate with other parties or capably represent you in mediation, arbitration or contested proceedings.
Landlord / Tenant Litigation – Commercial and High Value Residential
Our attorneys represent landlords and tenants in disputes over commercial leases, breaking or terminating leases, evictions, and property damage claims.
If you believe that you have a legal claim to an earnest money deposit for breach of contract or you have a claim for wrong doing our attorneys have the experience to offer legal guidance on how best to right that wrong.
Property Insurance Claims
Businesses and individuals purchase a variety of policies to protect both their property and the company. Our firm can help you challenge insurance claims that have been denied in “bad faith,” or in violation of the terms and conditions of the policy and can represent you if you are sued for something that is covered by an existing insurance policy.
Quiet Title Litigation
The purpose of a quiet title action is to bar prior owners, mortgage and lien holders from asserting any interest in real property. With quiet title litigation, our attorneys can help you obtain what is necessary to offer marketable, insurable title to a prospective purchaser or obtain title insurance for yourself.
Partition of Real Property
A partition action allows those who own property in common to sever their interests and take their individual share of the property. Our attorneys are accomplished at perusing partition when co-owners differ on whether to sell, keep, or divide the property.
Construction Defect Disputes
Construction defect claims involve statutory (and complex) pre-requisites that must be satisfied before initiating litigation. Paz, Rueven and Co. Law firm dedicates a team of highly capable attorneys to help you with your construction defect disputes.
Our attorneys focus on protecting their clients’ rights to their property and to fair compensation for the real estate that the government aims to purchase or has encumbered. The law firm is accomplished at eminent domain cases involving single-family homes, apartment complexes, business structures, industrial complexes, and vacant lots among others.
Paz, Reuven and CO. Law Firm is frequently called upon by leading commercial property managers, receivers, and investors to handle their landlord/tenant matters. Commercial landlord/tenant cases are statutorily driven and are highly dependent on the unique circumstances of each case and the lease agreements at issue. Of all the commercial landlord/tenant matters that our firm handles, commercial eviction cases make up the majority of eviction cases that our clients seek our legal counsel on.
Commercial evictions in israel generally fall into two categories: (1) monetary i.e. the tenant is not paying the rent; and (2) non-monetary, i.e. the tenant is paying the rent, but violating some other provision of the lease agreement. Examples of non-monetary eviction cases, include but are not limited to, the tenant is violating the zoning code, the tenant fails to secure the necessary property insurance, the tenant fails to maintain areas of the premises which it agreed to maintain pursuant to its lease agreement.
In all commercial eviction cases, whether the tenant has failed to pay rent or the tenant has violated some other provision of the lease agreement, the landlord is required to provide the tenant with a notice of the alleged violation and the opportunity to cure the default as a condition precedent to filing an eviction lawsuit.
Litigating and Defending Commercial Eviction Cases
Oftentimes, tenants in commercial landlord cases will assert a variety of defenses including: (1) the landlord has failed to comply with its obligations under the lease agreement; (2) the landlord has failed to maintain the premises; (3) the landlord initially defaulted on the lease agreement thereby excusing the tenants performance and obligation to pay rent; (4) the landlord is guilty of “constructive eviction” because it has interfered with the tenants beneficial enjoyment of the premises.
Commercial Real Estate Tenant Bankruptcies: Issues and Strategies
discusses the issues a landlord confronts when its commercial tenant files for bankruptcy protection. It also considers pre- and post-bankruptcy options available to a landlord to mitigate the impact of a tenant’s bankruptcy filing.
Further the federal bankruptcy goal of rehabilitating troubled companies while balancing the interests of all parties.
Maximize the value of the debtor-tenant’s estate (which includes the tenant’s interest in unexpired leases).
Provide some protection to non-debtor landlords.
In weighing the competing interests of the parties, Congress attempted to strike a balance, but the result is a system that favors the interests of the debtor-tenant (and its creditors) and leaves the landlord at a legal and practical disadvantage.
The Bankruptcy Code gives a debtor-tenant time to evaluate carefully its unexpired leases and extract the maximum value by any one of the following methods:
Assuming the lease if it has a below-market rental rate, thereby locking the landlord into an undesirable lease.
Assuming and then assigning a valuable lease that would not otherwise be a part of the debtor’s reorganization plan to a third party to monetize the value of the lease.
rejecting the lease if it provides for an above-market rental rate; or
using the threat of rejection to negotiate better lease terms with the landlord.
Debtor-tenants are only afforded this protection if:
The lease is unexpired.
The lease is a true lease.
Once a tenant files a petition in bankruptcy, a stay is triggered that automatically stops substantially all acts and proceedings against the tenant-debtor and its property. Commonly referred to as the automatic stay, which only applies to prepetition events. The debtor-tenant must perform all obligations arising after the date of its bankruptcy filing. The automatic stay does not bar action against the debtor-tenant for defaults after its petition is filed, or postpetition
Considering the potential for bankruptcy by the tenant before entering into a lease with the tenant.
Carefully drafting the lease.
Scrutinizing tenant’s financial information before signing a lease and incorporating added protections as needed.
At a minimum, a landlord can increase its leverage over the debtor-tenant or an assignee if bankruptcy is filed and improve its chances of a higher monetary recovery or other commercially-reasonable outcome.
Foreclosure is the legal process by which your lender asks the court for permission to sell your house at a judicial sale, usually due to an alleged loan default.
It is a little know fact that your loan documents can provide you with numerous and meritorious defenses to a foreclosure lawsuit. For example, your lender may have failed to comply with the terms of the loan, may not have possession of the required legal documents, may be guilty of mortgage servicing abuse, may be demanding an inflated pay-off, may be assessing unlawful fees, or may have violated the law while attempting to collect on the loan.
A foreclosure lawsuit does not have to result in the loss of your home. There are numerous alternatives to foreclosure; your personal solution may include any of the following:
A short sale is the sale of your home for less than the total amount necessary to satisfy your obligation to the bank. Our law firm routinely assists homeowners in short sales and has successfully obtained releases of deficiency judgments and cash for homeowners to aid with relocation expenses.
Deed in Lieu of Foreclosure
A Deed in Lieu is when the property is deeded back to the lender with the approval of the borrower prior to foreclosure. It may possible to negotiate with the bank and have them ultimately accept the deed of your home as settlement in full for all of your obligations. This is beneficial when you are upside down on your mortgage and do not have any equity in your house.
A Loan Modification can either be a temporary or permanent adjustment to one or more of the original loan repayment terms of a home loan that will enable the home loan to be reinstated or revised, resulting in a new payment schedule the borrower can afford. Typically a modification involves a reduction of your interest rate, extension of your loan repayment period, or a reduction of the principal balance.
Our Commitment to You
Paz, Reuven and Co. Law Firm is committed to working with homeowners in Israel and abroad who have fallen behind on their mortgage payments and are facing foreclosure. We have extensive experience in real estate disputes and litigation, and are dedicated to obtaining your best possible outcome in a mortgage foreclosure lawsuit. Not only will our office aggressively defend against foreclosure, but depending on your unique situation we will also negotiate a loan modification, forbearance agreement, or assist you with a short sale, whenever possible.
Real estate investors may at times find themselves looking at properties that meet their requirements in all but one aspect—zoning. The zoning laws that apply to a given piece of property can restrict what you do with it, and it may be tempting to try to rezone. Rezoning variance allows you to waive certain restrictions on the property while keeping its existing zoning. This is useful if you only need one or two items that depart from local zoning restrictions, such as an extra floor on a building.