Real Estate Litigation

Our team of Real Estate Litigation attorneys at Roetzel offers comprehensive representation to established and emerging businesses in every aspect of real estate litigation. Our attorneys act as advocates for clients before state and federal courts and represent their interests before administrative agencies and city governments.

Many of our Real Estate Litigation attorneys are nationally recognized, board certified, and active leaders in local industry and civic associations.

We advise clients of alternative strategies for expanding, renovating, or disposing of existing real estate holdings. We represent them on all matters of real estate litigation, such as zoning litigation, eminent domain, condemnation, commercial lease disputes and default, construction litigation and liens, mechanic's liens, boundary disputes, eviction, foreclosure, construction arbitration, and property tax value complaints.

Our local, regional, and national clients include public and private companies; REITs; financial institutions; investment funds; architects, engineers, and contractors; landlords and tenants; developers (shopping center, mixed use, housing, office, industrial, residential, community, and multi-family); retailers; homeowner cooperative and condominium associations; buyers and sellers; brokers; public sector and governmental entities; and utility companies.

Many of our Real Estate Litigation attorneys are nationally recognized as "Best Lawyers in America" in Real Estate Law, are board certified in Real Estate Law by The Florida Bar, and are active leaders in local industry and related civic associations. Several of our attorneys offer additional insight with experience as law directors, city attorneys, and assistant county attorneys representing developers and local governments on growth management issues. We have served as general counsel to a large building industry association and as national real estate counsel for several national retailers. Roetzel's Real Estate Group was recognized by Midwest Real Estate News as one of the "2019 Best of the Best" law firms in the Midwest for the fifteenth consecutive year. In addition, a number of our attorneys are agents for several title insurance companies, and the firm has been consistently recognized as one of the "Top 25" agents for one of the largest title underwriters in the State of Florida.

Our Experience

  • Successfully prosecuted real estate fraud claim for investor involving a condominium conversion project, recovering 100% of initial investment and attorneys' fees incurred in prosecuting action in federal court
  • Successfully defended multi-million dollar federal court breach of contract claim relating to the termination of a commercial lease agreement
  • Sucessfully brought a malpractice action against a real estate appraiser and recovered the defendant's errors and omissions policy limit at the close of discovery
  • Represented a housing authority in a $10 million bidding contract dispute
  • Obtained a federal court injunction to prevent a township from depriving a developer of commercial zoning
  • Coordinated litigation involving fraud and negligence in loan activity related to a golf resort project

What We Do

  • General real estate litigation
  • Commercial lease disputes
  • Construction claim arbitration, mediation, and litigation
  • Covenant enforcement for condominium, cooperative, and homeowners' associations
  • Eminent domain and condemnation proceedings
  • Evictions and landlord-tenant disputes
  • Foreclosures
  • Construction lien matters
  • Mold and environmental-related matters
  • Zoning and growth management

Related Media & Events

  1. Alerts
    Criminal Penalties in Florida for Failing to Provide Affidavit about Foreign Entities at Closing - Jul 24, 2023
    When Does a Text Become a Binding Contract in Real Estate? - Jun 2, 2017
    New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases - Feb 2, 2017
    How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit - Dec 8, 2016
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases - Sep 19, 2016
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights - Sep 19, 2016
    With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages - Aug 4, 2016
  2. Articles
    Ohio Court Refuses to Apply Statute of Limitations in Lease Validity Dispute - November 2018 - Ohio Gas & Oil
    School district's eminent domain plan may hinge on "necessity" definition - Aug 5, 2016 - CBA Today
    Avoiding Common Property Ownership Issues - 2016 - Properties Magazine
    Do Your Due Diligence - 2014 - Properties Magazine
    Asset Protection Opportunity for Physicians - 2013 - MD News Magazine
    Asset Protection for Developers/Builders - July 2013 - Properties Magazine
    Eight Years and Acres Later: Single Asset Real Estate Cases After BAPCPA - 2013 - 39th Annual SBLI Seminar, Southeastern Bankruptcy Law Institute
    Attorney's Fees - A Warning to Landlords - NULL - Properties Magazine
    Subleasing 101 - NULL - Properties Magazine
    Get It In Writing - A Primer on Real Estate Contracts - NULL - Properties Magazine
    Tenants in Common Agreements - The Pros & Cons - NULL - Properties Magazine
    Buyer Beware - Justifiable Reliance in Commercial Contracts - NULL - Properties Magazine
    Buyer Beware - Changes in Ohio's Foreclosure Law - NULL - Properties Magazine
    Representations & Warranties: Be Careful What You Say - NULL - Properties Magazine
    Transfer on Death Deeds - Preparers Beware - NULL - Properties Magazine
    The Mortgage Forgiveness Debt Relief Act of 2007 - Boom or Bust - NULL - Properties Magazine
    Death of Toxic Mold Cases? An Overview of Recent Developments in Toxic Mold Real Estate Litigation - NULL - Properties Magazine
    Putting the Red Light on Red Light District Businesses? - NULL - Properties Magazine
    Neighbor Beware - A Primer on Adverse Possession - NULL - Properties Magazine
    Indemnity in Construction Agreements: Preserving the Site Owner's Rights - 2006 - Tort Law Journal of Ohio
  3. Firm News
    Roetzel & Andress Announces Emily Anglewicz as Shareholder-in-Charge of Associates - Feb 26, 2024
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    15 Roetzel Attorneys Named Best Lawyers: Ones to Watch - Aug 17, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    Attorneys Islam & Makar Join Roetzel’s Naples Office - Jun 27, 2023
    Roetzel & Andress Appoints Five Attorneys to Key Leadership Roles - May 9, 2023
    Roetzel & Andress Welcomes Attorney Carolann Swanson in Fort Myers - Aug 23, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Roetzel & Andress Named to 2022 “Best Law Firms” List - Nov 4, 2021
    16 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated - Sep 1, 2021
    Roetzel & Andress Names Four New Shareholders - Jan 1, 2020
    David Woodburn Quoted on - Jan 12, 2019
    Roetzel & Andress Named 2017 Top Contributor Firm by The Fund - Mar 28, 2018
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Lori L. Moore Assumes Role as President of CREW Naples / Fort Myers - Dec 11, 2015
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel Named Among Top Law Firms in Real Estate - Jul 14, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013