Peck Baxter represents developers, property owners, investors, lenders, landlords, tenants, contractors, businesses, and other parties in complex real estate disputes. Our attorneys combine substantial litigation and trial experience with a practical understanding of real estate transactions, development, financing, construction, leasing, and ownership structures.

That combination matters. Real estate disputes rarely exist in isolation. Litigation can affect financing, construction schedules, entitlements, tenant relationships, investment returns, and the long-term value of an asset. We work with clients from the beginning to understand those broader considerations and develop a strategy designed not simply to prevail on a legal claim, but to protect the underlying investment and business objectives.

Our real estate litigators work closely with the firm's Real Estate, Business & Corporate, Construction, and Finance practices, allowing us to draw on transactional and industry experience when disputes involve complicated agreements, ownership structures, development projects, or financing arrangements.

Development & Construction Disputes

Real estate development involves numerous parties, agreements, regulatory approvals, and financial commitments. When disputes arise, delays can quickly translate into substantial financial consequences.

Peck Baxter represents developers, property owners, contractors, investors, and other participants in disputes involving development agreements, purchase and sale contracts, construction agreements, project delays, payment disputes, development obligations, property conditions, and other issues arising during the development process.

Our experience with the development lifecycle—from acquisition and land use through financing, construction, leasing, and operation—allows us to understand both the legal dispute and the practical consequences it may have for the project.

Real Estate Ownership & Investment Disputes

Real estate investments are frequently held through partnerships, limited liability companies, joint ventures, and other closely held entities. Disagreements among owners can therefore involve both real estate law and complex questions of corporate governance, fiduciary duties, contractual rights, and financial accounting.

Peck Baxter represents investors, developers, LLC members, partners, and other owners in disputes involving ownership interests, capital contributions, distributions, management and control, fiduciary duties, access to information, dilution, self-dealing, buyouts, valuation, and the disposition or refinancing of real estate assets.

We approach these matters with an understanding that the objective may be broader than obtaining damages. A successful strategy may involve preserving an investment, obtaining control or information, protecting an ownership interest, unwinding a transaction, separating business partners, or preserving the value of the underlying property.

Purchase, Sale & Transaction Disputes

Peck Baxter represents buyers, sellers, investors, and other parties in disputes arising from real estate acquisitions and dispositions.

These matters may involve purchase and sale agreements, due diligence, earnest money, financing contingencies, representations and warranties, disclosure obligations, title issues, closing conditions, alleged misrepresentations, and failures to close.

Because our attorneys also advise clients on real estate transactions, we understand how these agreements are negotiated and structured—and how individual contractual provisions interact with the economics of the transaction when a dispute arises.

Commercial Leasing

Commercial lease disputes can significantly affect both the value and operation of real estate assets. Peck Baxter represents landlords and tenants in matters involving lease interpretation, rent and other payment obligations, defaults, operating expenses, maintenance and repair obligations, assignments and subleases, options, renewals, exclusivity provisions, use restrictions, termination rights, and possession.

Where possible, we seek solutions that preserve the economic value of the lease and the property. When litigation becomes necessary, we are prepared to enforce our clients' contractual and property rights through trial.

Real Estate Finance, Foreclosure & Receivership

Peck Baxter represents borrowers, lenders, investors, and other parties in disputes involving real estate financing and secured transactions.

Our attorneys handle matters involving loan agreements, guarantees, deeds of trust, defaults, workouts, foreclosures, receiverships, enforcement of security interests, and other disputes arising from real estate debt.

These matters often require careful consideration of both immediate legal remedies and their consequences for the underlying asset. We work with clients to evaluate available options and develop strategies designed to protect collateral, investments, and contractual rights.

Title, Easement & Property Rights Disputes

Our attorneys represent property owners and businesses in disputes involving title, boundaries, easements, restrictive covenants, access rights, encroachments, trespass, nuisance, adverse possession, and other interests affecting the ownership and use of real property.

Property-rights disputes can have consequences extending well beyond the immediate controversy, particularly when they affect future development, access, financing, or marketability. We evaluate those implications when developing litigation and settlement strategies.

Emergency & Equitable Relief

Real estate disputes sometimes require immediate court intervention. Construction may be underway, property may be transferred or encumbered, access may be threatened, collateral may be impaired, or conduct may jeopardize the value or viability of a project.

Peck Baxter represents clients seeking and defending against temporary restraining orders, preliminary injunctions, receiverships, specific performance, declaratory judgments, and other forms of equitable relief involving real property.

Our litigators are prepared to move quickly when necessary to preserve property, contractual rights, or the status quo while the underlying dispute is resolved.

Our Approach

The best real estate litigation strategy begins with understanding the real estate itself. We work with our clients to understand the property, transaction, financing, ownership structure, and business objectives before determining how a dispute should be approached.

Where appropriate, we also counsel clients before litigation begins—reviewing agreements, structuring transactions, and identifying potential disputes before they threaten a project or investment.

When litigation does arise, we evaluate the strengths and weaknesses of the case early and develop a strategy with the ultimate objective in mind. We pursue negotiated resolutions when they advance our client's interests, but we prepare each significant dispute with trial in mind.

Our objective is not merely to resolve a real estate dispute. It is to protect the property, investment, and business interests underlying it.