Whether you are purchasing your first home, selling commercial property, or managing a complex real estate investment, disputes can arise that jeopardize your financial interests. At Gruber, Colabella, Thompson, Hiben & Montella, we understand that real estate litigation is often stressful, expensive, and time-sensitive. Our experienced real estate litigation lawyers provide comprehensive legal representation in both residential and commercial real estate disputes. We are here to help you protect your investment and assert your legal rights under the law. Contact us today for your initial consultation.
Understanding Real Estate Litigation in New Jersey
Real estate litigation refers to legal disputes involving property ownership, transactions, or usage. These matters are often very complicated due to the number of parties involved, the value of the assets at stake, and the web of laws governing real estate in New Jersey.
New Jersey’s real estate law is primarily governed by state statutes, case law, and local ordinances. For example, the New Jersey Statute of Frauds (N.J.S.A. 25:1-5) requires that most real estate agreements be in writing to be enforceable. This law alone often becomes a central issue in disputes involving oral promises or handshake deals. Additionally, New Jersey follows a “buyer beware” principle in many cases, which means that unless fraud or nondisclosure is proven, a seller may not be liable for defects after a sale. However, exceptions exist for latent defects that are known and concealed by the seller.
Real estate litigation may involve a wide variety of legal issues, and the best approach depends on whether you are a buyer, seller, developer, landlord, tenant, or another party with a legal interest in the property. Our real estate litigation lawyers assess every aspect of your dispute with a focus on delivering practical, results-driven legal solutions that reflect your goals.
Common Types of Real Estate Disputes
Disputes can arise at nearly every stage of a real estate transaction or property ownership. Some of the most common types of real estate litigation we handle are as follows:
- Breach of Contract: One of the most frequent sources of litigation involves failure to comply with the terms of a real estate contract. This could include failure to close on a property, failure to disclose material facts, or failure to complete required repairs. Whether you are trying to enforce a contract or defend against allegations of breach, we can help.
- Boundary and Easement Disputes: Disagreements over property lines, encroachments, or easement rights often require legal intervention. These issues may involve neighbor disputes, utility companies, or municipalities. Boundary lines can become blurred over time, and legal surveys may conflict with actual usage. New Jersey law allows for claims such as adverse possession or prescriptive easements under certain circumstances, but these are fact-sensitive and require strong legal analysis.
- Title Disputes and Quiet Title Actions: Title problems can delay or derail a real estate transaction entirely. A quiet title action is a lawsuit filed to establish clear ownership of a property and eliminate any competing claims. Common issues include forged deeds, errors in public records, inheritance claims, or disputes over liens and mortgages. These cases must be handled with precision, as errors in title can have lasting consequences.
- Land Use and Zoning Challenges: Local zoning ordinances in Sussex County and throughout New Jersey regulate how property may be used. Disputes can arise when a municipality denies a zoning variance, challenges a property’s compliance with building codes, or restricts development rights. Our attorneys are experienced in appearing before zoning boards, planning commissions, and state courts to advocate for property owners and developers.
- Construction Defects and Developer Liability: New Jersey’s Construction Lien Law and the New Home Warranty and Builders’ Registration Act provide remedies to homeowners for construction defects. If you’ve purchased a newly built home or commercial property and discovered serious flaws, whether structural, plumbing-related, or related to code compliance, you may have a right to pursue compensation. Builders, contractors, and subcontractors may all bear responsibility, and we can help identify liable parties.
- Landlord-Tenant Disputes: While many landlord-tenant issues are resolved in municipal court, others escalate into larger litigation. These can include wrongful eviction claims, habitability issues, commercial lease violations, and security deposit disputes. New Jersey law offers extensive protections for residential tenants under the New Jersey Anti-Eviction Act, but also places legal obligations on tenants that may be enforced by property owners.
Legal Representation for Buyers, Sellers, and Investors
Buying or selling property is a major financial decision. When a deal goes wrong, the consequences can be significant. Our real estate litigation attorneys provide counsel and representation for both buyers and sellers in disputes involving the following:
- Non-disclosure of material defects (including mold, foundation issues, or prior water damage)
- Disputes over escrow deposits or earnest money
- Mortgage fraud or misrepresentation
- Title or deed errors
- Failure to meet contractual deadlines (time-of-the-essence clauses)
- Conflicts arising from property inspections or appraisals
If you’re an investor or commercial property owner, litigation may also involve partnership disputes, financing problems, or lease enforcement issues. We work with property owners, real estate agents, title companies, and financial institutions to investigate the facts and construct an effective legal strategy.
Every transaction is different, and litigation may not always be the most efficient path forward. When appropriate, we pursue alternative dispute resolution (ADR), including mediation or arbitration, to reach cost-effective outcomes that protect your long-term interests.
Contact Our New Jersey Real Estate Litigation Lawyers
With decades of combined legal experience, the attorneys at Gruber, Colabella, Thompson, Hiben & Montella are trusted advocates for clients across Sussex County and surrounding areas. When your property rights are on the line, you need more than just legal advice–you need a partner who will stand by you, protect your interests, and work relentlessly to achieve the best possible outcome. Contact our knowledgeable and dedicated real estate litigation lawyers today.
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