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When facing a real estate dispute, selecting counsel with
relevant experience is an important early decision. Asking targeted questions
can help clarify expectations and strategy.
Questions to Consider
What Experience Do You Have With
This Type of Case?
Real estate litigation encompasses many distinct areas,
including partition actions, commercial landlord tenant disputes, easements,
and title issues. Experience with the specific type of dispute can affect both
strategy and efficiency.
What Law Governs My Dispute?
Understanding whether the case is governed primarily by
statute, contract, or common law helps frame the litigation approach.
What Is the Procedural Posture and Likely Timeline?
Some matters proceed as summary proceedings, while others
require full Supreme Court litigation. Each path carries different timing and
cost considerations.
What Remedies Are Available?
Potential remedies may include monetary damages, injunctive
relief, declaratory judgments, or court-ordered sales of property.
What Are the Anticipated Costs?
Clarifying billing structure, litigation expenses, and
potential cost recovery is an important part of informed decision-making.
A clear understanding of these issues at the outset can help
clients better navigate the litigation process and assess potential outcomes.