Warranty, Contract and Damage Claims

Whether you have purchased your first commercial real estate property or have a portfolio, at some point you will run into warranty, contract, and damage claims. While on the surface each of these claims are similar, they are all very different, and filing the correct claim is the difference between success and failure.

A breach of warranty is a violation of an expressed or implied contract of warranty which is then considered a breach of contract. For example, you purchase a parking lot after the seller told you the ground was solid. You later find out that the lot was improperly filled. A breach of warranty can occur in two different ways:

  1. Misrepresentation of the condition warranted to be true
  2. Failure to conduct work that was warranted to be done

A breach of warranty by misrepresentation may be brought in tort for damages. A breach of warranty by failure to conduct work is considered a breach of contract and will focus on action (specific performance or injunctive relief) as opposed to damage or monetary claims.

Regardless of the type of claim, monetary or action, you need an attorney experienced in the field of commercial real estate. Call us today to review your situation. We will work collaboratively to create a personalized legal strategy that suits your specific needs.

Let us help you with your legal matters

Schedule A Consultation