Areas of
practice.
CORPORATE
We have the resources and experience to assist
in the formation of your business as well as with contract review and
negotiation and business dispute resolution. As part of our commitment
to fair, value-oriented service, we provide our business clients with
an initial thirty minute entity selection consultation free of charge.
LITIGATION
Our
attorneys litigate several types of cases. We appear in court regularly
on the following matters:
· Real Estate
Earnest Money Disputes
Too often in real estate transactions, parties are tempted to retain earnest money deposits when they are not entitled to do so.
If you feel that your deposit is wrongfully being withheld or if you want to find out whether you are legally entitled to retain an earnest money deposit, please e-mail us with your contact information and we can set up a time to discuss the particulars of your case.
We have successfully sought recovery of these deposits in numerous cases. Do not simply give this up without consulting with an experienced lawyer.
|
Eviction Actions (Landlords Only)
Landlords face a dizzying minefield of unforeseeable dangers when dealing with unscrupulous tenants. We assist in guiding our clients through this minefield.
We represent landlords in all areas of tenant eviction litigation. In addition to filing evictions, our representation also extends to defense against tenant claims of constructive eviction, alleged violations of interest and/or security deposit statutes and alleged violations of various other landlord-tenant ordinances.
Our experience in this field allows us to provide our clients with economic predictability by typically charging set fees for these services, depending on the claims alleged. It also gives our clients the security of knowing that we will process these claims as efficiently as possible while avoiding the many traps for the unwary.
|
Condominium Disputes
Partition Actions
A partition action is a process which permits joint owners of property to seek judicial assistance in terminating the joint ownership and in accounting for the value of each owners interest.
If you jointly own real estate with family members or business partners and things simply are not working out, there is an alternative to simply waiting until everyone agrees on a sale of the property. You may have contributed more than your share to the expenses. Possibly, you paid all or a major portion of the down payment for the real estate. Or perhaps you believe the property should sell for more than what your partner(s) want to pay you for your share.
In any of the above cases, our attorneys have handled similar matters and have the experience to assess your claim and, if meritorious, to take it to court. We can help you better understand your rights and give you the ability to decide whether a partition action is right for you. And if you do choose to file such an action, we will defend your rights vigorously, whether you wish to retain the property or to be bought out with just compensation.
|
Quiet Title Actions
Have you found that someone else is claiming an interest in or ownership of property that you believe is rightfully yours? Have you discovered that there may some defect in your title which places a cloud on your title?
The above scenarios are not uncommon even with property which you rightfully purchased and for which you thought you had a good, clean title.
Permit us to review the facts of your situation and provide you with an assessment. If there is a cloud on your title, we can advise you in the best manner to resolve the problem. And in some instances, where the cloud cannot be removed and you suffer losses as a result, we can file a claim for compensation on your behalf against parties responsible for those damages.
|
Residential Fraud (Disclosure) Claims
With the increase in real estate values in recent years, there has also been an unfortunate rise in the number of transactions involving disclosure fraud.
Sellers sometimes attempt to hide the fact that their property has gross defects and Buyers get stuck footing the bill. If this has happened to you, you may be able to bring a cause of action under various statutes and may potentially be able to not only recover the costs of repair but also attorneys' fees and punitive awards.
We can also assist Sellers when faced with false claims of disclosure fraud made by underhanded Buyers who attempt to abuse theses statutes.
Our attorneys have litigated many cases involving claims of real estate disclosure fraud. Less experienced attorneys may be willing to file suit for you but may not know of all the claims under which these damages can be raised. Worse, they may file suit on your behalf when you actually stand little chance of winning anything and then you are left with nothing but legal fees to pay. We take many of these cases on a contingency basis so that you pay us only if we win. We do this because of the confidence we have in our experience and ability.
|
|
·
Business
Contract Disputes
Employee Non-Compete Defense
Employers and employees commonly view their employment agreements and non-compete provisions as being ironclad. Quite often, for various reasons including poor drafting, misinformation and overreaching, these provisions are unenforceable, at least in part. At Erwin & Associates, LLC, we have significant experience in negotiating and litigating non-competition provisions and covenants. The economic effect of these contracts can be enormous and employers and employees alike are urged to discuss their cases with legal counsel to ensure that their interests and rights are properly protected.
For employers, we offer a review of current provisions to ensure their fairness, clarity and enforceability. We can also draft these agreements from scratch to meet the developing needs of new companies.
For employees, we can advise you whether a covenant of non-competition or confidentiality will be upheld by the law. And we provide defense services if a former employer brings an action for enforcement of an invalid or partially invalid non-compete provision.
|
|
REAL
ESTATE
Erwin
& Associates, LLC has extensive experience in the real estate field,
giving it the unique ability to represent clients in virtually all real
estate matters including:
· Residential and Commercial Sales and Purchases
· Condominium Development
· Condominium Association Management
· Tax Sales / Judicial Sales to Deeds
· Real Estate Litigation
· Document Preparation (Deeds, Mortgages, Notes, etc.)
PROBATE
We can make the difficult process of probating the estate of a loved
one much easier by providing guidance through the process and representation
in court. Our accounting resources complement our legal services by
providing tax return and other assistance with minimal hassles.
|
|
