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Real Estate

Real Estate Defense

Papers have been served claiming you broke a sale contract, owe a broker's commission, or are using someone else's land, and a notice may already be filed against your property's title. Being on the defending side of a real estate case puts a short clock on several decisions.

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01 GUIDE

Real Estate Defense: what usually happens

The first deadlines

A summons in New York sets a short period to respond, and the exact length depends on how the papers were served. Letting that period pass can result in a default judgment without any hearing on the merits. If the plaintiff has filed a notice of pendency, your ability to sell or refinance may already be affected, and a notice filed without a proper basis can be challenged. Some contracts require mediation or arbitration before any lawsuit, which can change where the dispute belongs. These questions come before any discussion of who is right. If you received papers at a property you rarely visit, or long after they were apparently served, mention that early, because how and when service happened can matter.

Coverage and records that may help

Before paying for a defense yourself, check whether someone else may owe it. An owner's title insurance policy may cover the defense of certain claims against title, such as a boundary or easement dispute, and homeowners or commercial liability policies sometimes respond to claims of property damage. Notify the insurer promptly and in writing, since late notice can complicate coverage. Gather the contract or lease, closing documents, survey, title policy, emails with the other side and any brokers, and anything showing payments made or received. Keep everything as it is and do not delete messages, even ones that look unhelpful.

Deciding the shape of the defense

A flat denial is not always the right answer to a claim against you. Some cases call for counterclaims, for example where the other party failed to close or misdescribed the property, and some are better resolved early through a negotiated exit. A real estate defense also looks at leverage: what the plaintiff actually needs, such as a closing, a payment, or a clean title, and what it would cost each side to keep litigating. In an initial review we go over the complaint, the response deadline, the insurance picture, and your goal for the property. From there we sketch a plan that matches the stakes.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about real estate defense and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.