Hunton Andrews Kurth LLP’s real estate litigation team handles disputes arising from commercial real estate transactions, land use, and commercial construction. We maintain a national practice, regularly litigating disputes in New York, California, Texas, Florida, Washington, DC, and many other major metropolitan markets.

Our team has decades of experience litigating disputes regarding the purchase and sale of commercial properties, leasing, mezzanine and mortgage debt, securitized debt, joint venture and partnership agreements, land use, construction, and environmental issues. We represent a broad range of real estate clients in litigation and arbitration, including commercial lenders, sponsors, brokers, developers, real estate investment trusts, commercial property owners, tenants, and high net worth individuals, among others. Publications such as Chambers USA and Legal 500 United States have recognized our real estate litigators for their results and client service.

We regularly advise clients in the following types of real estate disputes:

  • Access, development, planning and construction
  • Bankruptcy and related adversary proceedings
  • Commercial landlords and tenants (including Yellowstone injunctions)
  • Commercial finance
  • Commercial mortgage and mezzanine debt
  • Covenants and restrictions
  • Enforcement of guarantees
  • Environmental and regulatory compliance
  • Historic landmarks
  • Insurance
  • Intercreditor agreements
  • Joint ventures and partnerships
  • Judicial and non-judicial foreclosures
  • Land use and zoning
  • Loan workouts and restructurings
  • Ownership and boundaries
  • Purchase, acquisition and sale of commercial properties
  • Real estate receiverships
  • Rights of first offer and refusal
  • Tenders and deeds-in-lieu
  • UCC sales

Our team works closely with Hunton’s nationally recognized real estate practice and regularly advises clients in connection with pending transactions and other matters in efforts to resolve disputes before litigation arises. We also work with Hunton’s insurance, corporate, environmental, tax, and bankruptcy specialists in connection with workouts, restructurings, and other negotiated transactions.


Real Estate Finance and Workouts:

  • Counsel to Fortune 50 bank in connection with workout of office building in downtown Los Angeles.
  • Counsel to court appointed Receiver for the New York Times Building.
  • Represented foreign lender in connection with disputes arising from the development of $25 billion high speed rail corridor in Texas.
  • Represent New York based commercial real estate development fund in litigation in Texas and New York regarding enforcement of rights under commercial loan term sheet.
  • Defended lender liability claims in Eastern District of New York adversary proceeding involving a single- and multi-family retirement community under development.
  • Represent real estate private equity investment manager in Ohio litigation alleging lenders acted in bad faith by refusing to consummate loan modification and thwarted borrower’s efforts to cure loan defaults.
  • Represent borrower in workout of commercial loan portfolio during pendency of building level J-51 litigation, including as appellate counsel before New York’s First Department.
  • Represent building owner in dispute with cooperative board members.
  • Counsel to Fortune 50 bank in litigation alleging improper servicing of CMBS portfolio and pursing enforcement of remedies against mixed use property in downtown San Francisco.
  • Represent New York developer in federal litigation regarding rights under commercial mortgage loan and servicing agreements.

Enforcement of Remedies and Guarantee Litigation

  • Represented private equity firm in litigation challenging UCC sale of membership interests in a newly constructed condominium located in Manhattan’s Upper East Side. Defeated borrower’s efforts to obtain a TRO enjoining the sale and obtained post-sale summary judgment concluding that the sale process was commercially reasonable. Litigation occurred during the height of the COVID-19 pandemic.
  • Represent private equity firm in connection with UCC sale of equity interests in hotel in Ohio. Defeated post-sale action challenging propriety of sale process.
  • Represented sponsor in connection with 34 separate state receiverships arising in connection with portfolio of flagged hotel properties.
  • Represented Fortune 50 bank in connection with foreclosure sale of office park in Austin, Texas, including workout with mezzanine lender.
  • Represented publicly traded real estate investment firm in connection with foreclosure of commercial mall in Washington, DC.
  • Represented international insurance company in connection with foreclosure of commercial office buildings in Washington, DC; Bethesda, Maryland; Portland, Oregon; and Minneapolis, Minnesota.
  • Advising private equity firm in connection with its acquisition of a national portfolio of distressed commercial mortgage debt, including with respect to workouts and enforcement of remedies.
  • Representing real estate investment fund in connection with enforcement of remedies (mezzanine and mortgage portfolio) against borrowers in Virginia, Maryland, Chicago, Miami, and Nevada.

Purchase and Sale Litigation:

  • Represented buyers and sellers in multiple disputes regarding the obligation to close purchase and sale agreements and rights to initial deposits.
  • Represented real estate developer in New York litigation regarding exercise of rights of first refusal on adjacent properties.

JV and Partnership Disputes:

  • Represented Sponsor in workout of JV Agreement as a result of foreign bankruptcy of members and guarantors.
  • Represented JV Managing Member in arbitration regarding wind down of JV and return of capital contributions.
  • Represented holding company in connection with the restructuring of the ownership of a landmarked Art Deco building located in the Financial District of Manhattan and the settlement of a partner dispute in connection with the buyout of the historic tax credit investor. The dispute involved the allocation of income and tax liabilities among the partners.

Complex Sales/Commercial and Residential Leasing

  • Representing developer in litigation in Miami related to pre-construction condominium sales contract regarding authority to assign contractual rights.
  • Represented owner of residential apartment portfolio in North Carolina class action alleging improper tenant charges.
  • Regularly represent landlords and tenants in disputes arising from defaults or potential defaults under commercial leases.
  • Represent landlords and tenants in connection with Yellowstone Injunctions.
  • Advised developer of hotel-condominium in Florida regarding potential claims alleging fraudulent advertising regarding short-term rental potential.
  • Represented the owner of a Houston commercial office building in a breach of lease dispute against a dissolving law firm.
  • Represented major retailer in a breach of contract/breach of warranty action filed in the Northern District of West Virginia against the developer of a shopping center.
  • Represent national grocery store chain in tenant landlord dispute regarding use and subdivision of property. Obtained Yellowstone injunction during pendency of litigation.

Construction Litigation:

  • Represent the owner of a hotel in Houston, Texas in construction arbitration with the general contractor for the project.
  • Represent developer in construction and design dispute regarding mixed use development in Newark, New Jersey.
  • Represented developer of luxury residential condominium in Miami in construction defect litigation.
  • Defended a national building products distributor in a lawsuit involving alleged structural and construction defects in a condominium complex located in North Carolina.

Land Use:

  • Defend a natural gas company in 30 separate condemnation actions in the US District Court for the Northern District of Georgia.
  • Represented landowner in land dispute involving a potential legal challenge to a proposed subdivision of property on Martha’s Vineyard.
  • Represented national homebuilder in connection with downzoning litigation.
  • Represented landowner in New York arbitration regarding covenants to restrict land use.
  • Represented natural gas pipeline company in connection with a dispute over an easement for a natural gas pipeline and related facilities.
  • Represent water company in condemnation proceeding for a water main easement.