Are there any defenses against allegations of tortious interference in commercial real estate?
Introduction
Tortious interference is a legal term that refers to a situation where a third party intentionally interferes with a contractual or business relationship between two other parties, causing harm or damage to one of them. In the context of commercial real estate, tortious interference can occur when a third party interferes with a property owner’s ability to sell, lease, or develop their property. This article will explore some examples of tortious interference in commercial real estate and how they can be addressed.
Examples of Tortious Interference in Commercial Real Estate
Example 1: A Competitor Spreads False Information
Imagine you own a commercial property that you are trying to sell. A competitor in the same industry spreads false information about your property, claiming that it has significant structural damage and is not up to code. As a result, potential buyers are scared away, and you are unable to sell the property for its true value. This is an example of tortious interference, as the competitor intentionally spread false information to harm your ability to sell the property.
Example 2: A Tenant Refuses to Vacate the Property
Another example of tortious interference in commercial real estate is when a tenant refuses to vacate the property after their lease has expired. This can prevent the property owner from leasing the space to a new tenant or developing the property as planned. In this case, the tenant is intentionally interfering with the owner’s ability to use and benefit from their property.
How to Address Tortious Interference in Commercial Real Estate
If you believe that you have been the victim of tortious interference in commercial real estate, there are several steps you can take to address the situation. First, it is essential to gather evidence of the interference, such as emails, witness statements, or other documentation. You may also want to consult with a lawyer who specializes in commercial real estate law to determine your legal options.
If you decide to pursue legal action, you may be able to seek damages for any harm or losses you have suffered as a result of the interference. This can include lost profits, decreased property value, or other financial damages. Additionally, you may be able to obtain an injunction that prevents the interfering party from continuing their harmful behavior.
FAQs
- What is tortious interference? Tortious interference is a legal term that refers to a situation where a third party intentionally interferes with a contractual or business relationship between two other parties, causing harm or damage to one of them.
- How does tortious interference apply to commercial real estate? Tortious interference can occur in commercial real estate when a third party interferes with a property owner’s ability to sell, lease, or develop their property.
- What are some examples of tortious interference in commercial real estate? Examples of tortious interference in commercial real estate include a competitor spreading false information about a property or a tenant refusing to vacate the property after their lease has expired.
- What can be done to address tortious interference in commercial real estate? If you believe that you have been the victim of tortious interference in commercial real estate, you may be able to pursue legal action and seek damages or an injunction to prevent further interference.
Conclusion
Tortious interference can have significant consequences for commercial real estate owners and investors. By understanding what it is and how it can manifest in the industry, individuals can take steps to protect themselves and their properties from harm. If you believe that you have been the victim of tortious interference, it is essential to consult with legal professionals who can help you determine your options for recourse.