Real Estate Disputes

Sher Tremonte regularly secures optimal results in litigation and investigations involving real property. Our clients include real estate investment firms, lenders, borrowers, landlords, and commercial tenants as well as owners and operators of industrial facilities.

Our seasoned group of litigators obtains positive outcomes in real estate finance disputes under loan agreements, mortgages, and guaranties and helps clients assess and reduce risk in the context of workouts, foreclosures, and other exit strategies. We have litigated every manner of business dispute surrounding real property assets, including partnership break-ups, fiduciary duty claims, and compulsory buyouts. The firm also helps real estate clients tackle complex and novel issues in a variety of settings, from decades-old environmental obligations to emerging issues in the sharing economy.

Experience

  • Successfully represented an investor in a “billionaire’s row” luxury tower in an action against developers for breach of fiduciary duty and related claims arising from the developers’ scheme to force capital calls and dilute other investors while securing debt financing on favorable terms for themselves.
  • Obtained a $50 million judgment in an action by an asset manager/investment advisor against an investor in connection with the purchase of a renowned luxury hotel chain.
  • Represented a lender in a district court action and successful appeal which reinstated claims that mechanics liens triggered full recourse under a “bad boy” guaranty to a $110 million loan.
  • Represented a general partner in a federal court action to enforce buyout rights against a limited partner concerning a 142-unit apartment building in Cambridge, MA.
  • Represented a publicly traded real estate/asset management company in an action against the seller and builder of a 12-story, 105-unit residential building in Brooklyn for concealing construction defects prior to sale.
  • Represented a real estate investment trust sponsor in numerous lawsuits with prior owners over the acquisition of a sponsor entity.
  • Advised a client transportation operator on the termination of a 25-year public contract and private partnership for long-term lease and management of publicly owned, bond-financed facilities.
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