Real Estate Litigation

LGWM’s Professional Liability Practice Group provides litigation defense services to real estate professionals, including real estate agents and brokers, title agents, appraisers and mortgage brokers. The attorneys in our Professional Liability Practice Group possess knowledge of the relevant statutes, regulations and case law which govern and impact real estate cases.

Our attorneys have handled hundreds of real estate liability cases. We have successfully defended real estate agents in state and federal courts involving allegations that sellers and their real estate agents failed to disclose known material defects with respect to real property, or have made affirmative misrepresentations regarding the condition of real property. Our attorneys have extensive experience defending title agents in claims for indemnity made by title insurance underwriters and in various other claims arising from real estate closings.

Although the Professional Liability Practice Group is committed to litigating real estate matters through trial, if the circumstances require that, we always seek to obtain a favorable resolution which satisfies our clients’ goal of cost-effective and efficient litigation defense. Our trial attorneys are adept at identifying the core issues in real estate cases and working closely with the client to ascertain whether an amicable resolution can be achieved, or whether alternative dispute resolution or trial is more appropriate.

Cases of Note

• Obtained dismissal of independent appraiser in law suit involving reverse mortgage. Plaintiff asserted the appraised value was inflated, but failed to offer sufficient proof.
• Represented real estate agent accused of failing to obtain an appraisal from a licensed home appraiser and a termite inspection prior to the closing of the property.
• Obtained dismissal of real estate agent in buyer’s suit asserting the agent failed to disclose that purchased property was located in a flood zone.
• Successfully defended real estate broker accused of failing to properly advise buyer regarding the amount and type of insurance needed for a leased restaurant.
• Represented real estate agent and broker in pre-suit matter involving alleged failure to secure a sellers’ private information on a laptop computer.
• Represented real estate broker accused of mishandling various aspects of the marketing and closing of a foreclosed residential property.
• Successfully represented apartment complex management company alleged to have misappropriated and destroyed tenant’s personal property during eviction process.
• Successfully represented real estate listing agent accused of fraud and suppression related to the sale of a home subject to a right of redemption by Alabama Power.
• Successfully defended property manager of a large apartment complex in tenants’ suit asserting failure to make necessary repairs to address alleged unsanitary conditions related to sewer lines.
• Represented real estate broker in suit by a condominium association asserting fraud based claims arising from statements in marketing materials disseminated during pre-construction phases of the condominium development.