Purchase and Sale Agreements – The firm has experience in litigating a wide spectrum of condominium, commercial and residential real estate disputes including deposit return matters, breach of contract/breach of purchase and sale agreements, contract rescission, broker commission payments, and other lawsuits involving real estate matters. The real estate litigation practice includes protecting the rights of real estate professionals, buyers and sellers pursuant to their contract terms, the Interstate Land Sales Full Disclosure Act (15 U.S.C. section 1701 et seq), and other state and federal laws which provide various protections and obligations. These protections include compliance with the contract terms, required disclosures that must be made to purchasers, time limitations on when new construction must be completed, and enforcement of other protections and obligations.
Foreclosure Defense – The firm offers legal services covering all phases of foreclosure, both before and after a foreclosure lawsuit has been filed. The foreclosure defense practice includes an analysis of each client’s mortgage documents and circumstances and asserting appropriate defenses to the foreclosure lawsuit. Such defenses may include, but are not limted to, the plainfiff’s lack of standing, the plaintiff’s failure to post a non-resident cost bond, the plaintiff’s failure to attach to the foreclosure lawsuit complaint required mortgage and/or promissory note documents, the lender’s failure to provide required disclosures at the time the client closed on the real estate purchase, and the lender’s and/or plaintiff’s failure to comply with various other state and federal laws including the Fair Debt Collection Practices Act, the Truth In Lending Act (TILA), and other laws enacted to protect purchasers of real property. The foreclosure defense practice also includes raising appropriate counterclaims within the foreclosure lawsuit.
Contract Rescission and Deposit Return – The firm has a practice area in assisting buyers to terminate their real estate purchase contracts and recover their deposits. We are especially able to assist those clients who have entered into Purchase and Sale Agreements or Contracts with condominium developers and developers of housing subdivisions with at least 100 lots. Both state and federal laws provide protections to buyers.
Landlord/Tenant and Condominiums – Other real estate litigation practice areas include representing landlords in eviction of tenants and breach of lease agreement matters by pursuing lawsuits for eviction and damages. We also represent condominium homeowners associations in collection of assessments, lien matters and litigation to collect unpaid assessments and foreclosure proceedings.