Real Estate Claims

Overview of the Committee’s Focus:

Plaintiffs’ lawyers have not overlooked making claims against professionals involved in the commercial and residential real estate markets. In good times and in bad real estate transactions may result in party misgivings leading to litigation.

The targets may be real estate agents, brokers, appraisers, mortgage specialists and others. In addition to breach of the standard of care allegations, real estate professionals may be confronted by buyers’ counsel with other common law and statutory claims including breach of contract, negligent and intentional misrepresentation, deceptive trade practice, consumer fraud and other state specific causes of action. Issues raised in such lawsuits may involve:

• Purchase Agreement and Closing Outcomes
• Conflicts of Interest Allegations
• Title Conditions
• Property Condition Discoveries
• Zoning Complications
• Land Covenant Limitations
• Offer Presentation Disputes
• Property Condition Consultant Advice

PLDF’s Real Estate Claims Committee addresses strategies useful to the defense of such claims. Issues pertaining to arbitration clause enforceability in listing and purchase agreements, the dual agency controversy, housing discrimination and licensee disciplinary board response measures also fall within the committee’s purview.

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.