Arent Fox offers significant experience in litigation that involves real estate, including all manner of contract disputes – such as leases, escalation clauses, pass throughs, rent adjustments, rights of first refusal, and purchase options – realtor disputes, title disputes, condemnation, acquisitions, adjustment of property lines, zoning, easements, adverse possession, liens, eviction, foreclosures, Rental Housing Conversion applications, homeowner association issues, appraisal issues, and application of federal public works labor standards to development projects.  We represent a range of entities with real estate interests, including developers, landowners, landlords, tenants, brokers, sellers, purchasers, and contracting parties.

Leases and Real Estate Contracts

Arent Fox litigators have provided legal advice in myriad cases involving leases and real estate contracts, including the representation of:

• A party in successive decennial rent adjustments per lease provision.
• Lessors and lessees in default and/or breach of commercial lease.
• Buyers and sellers in default and/or breach of contract to purchase land.
• Real estate brokers in disputes regarding payment of brokerage fees.
• Parties in matters involving audits of charges for common areas and real estate taxes.

Condemnation, Adverse Possession and Public Policy

We have represented landowners in condemnation cases, both in negotiations and in litigation. Additionally, Arent Fox has represented clients in connection with suits to correct property boundaries affected by adverse possession. We have litigated disputes over whether a client's purchase agreement for real property was contrary to public law.

Developers and Owners

We have represented developers and owners in many different types of cases, including the following:

• A property owner trying to develop an underutilized property where the tenant alleged that contract covenants prohibit development.
• Developers with regard to zoning and housing laws in efforts to develop a property or, conversely, to block development of the property.
• A property owner regarding a dispute over the Rental Housing Conversion statute.
• The high bidder to government bid to purchase land where another developer claimed a pre-existing agreement entitling it to purchase the property.
• A developer with regard to applicability of federal public works labor standards to its development projects.
• A developer in dealings with construction trade unions.

Lenders and Title Insurers

Arent Fox has represented commercial and residential lenders in hundreds of matters. Our experience includes common law and regulatory issues unique to lenders, including Truth in Lending, RESPA, fair credit, equal opportunity credit, appraisal matters, and lien priority. We also represent title insurers in connection with regulatory issues and lien priority issues.

Easements

Arent Fox has represented clients in connection with a wide variety of matters involving easements, including representation of:

• Plaintiffs who sued a homeowner's association over use and care of a road easement.
• A landowner in dispute with an adjoining landowner, seeking declaratory relief as to the rights of use and quiet enjoyment of an easement.

Foreclosure

Arent Fox’s foreclosure experience includes representation of:

• A title insurance company, which hired us to represent two individuals who purchased an investment property on the verge of foreclosure. The original owner of the property sued our clients and others for fraud and conspiracy to commit fraud arising out of the sale of the property. While the case was pending, the court permitted the original owner to remain in the house; however, Arent Fox was able to get the court to require her to pay into the court registry rent monies owed to our clients under a disputed rental agreement. That became a motivating factor for the plaintiff to settle the case with our clients, while continuing to trial against the other defendants.  Ultimately, the plaintiff, a senior citizen, was able to obtain a reverse mortgage, the proceeds from which were used to pay off our clients' mortgages on the property.
• A lender whose foreclosure sale of a property was being challenged. The lender had followed the legal requirements for selling the property at foreclosure, including notice to the borrower. Unfortunately, the borrower had already sold the property to someone else without paying off the lender. The case involved many parties, including title search companies, title insurance companies, lenders, the original owner of the property, and two purchasers (one who purchased from the original owner and the other who purchased from the lender at the foreclosure sale).  Ultimately, the lender was able to retain the monies received from the foreclosure sale, except for a small amount that was contributed toward settlement.

Construction

Arent Fox has extensive experience with construction defect, condominium, title, and land sales contract issues. We also handle construction cases regarding easement, broker/seller, and lien on property disputes. Our firm has litigated a number of cases involving construction trades unions. Our construction-related representations include:

• Resolving and litigating issues relating to mechanics' liens filed against properties in connection with construction projects.
• Resolving and litigating issues relating to obtaining payment for materials delivered and services performed or avoiding payment for services performed incorrectly or defective materials.
• Recovering deposits from contractors who failed to perform work.

Zoning and Housing Laws

Arent Fox has represented clients in numerous litigation matters involving zoning and housing laws. Our representations include:

• A property owner who sought an extension to further delay development of adjacent property that remained undeveloped for many years.
• A client with regard to state housing laws applicable to its business.

Environmental

Environmental issues are often a concern in the real estate arena. Arent Fox handles real estate-related environmental issues, including environmental cost recovery for costs incurred during development and for cleanup costs of polluted land. We have also been involved in a plaintiff's matter involving a realtor and inspector's failure to disclose soil subsidence and related property damage.