Real Estate

Representative Cases

Commercial Real Estate; Limited Partnerships; Agency; Foreign Discovery

A foreign national residing in London invested $8 million in a real estate development project in Atlanta, but the project did not achieve the predicted success level.  A provision of the investment documents allowed the investor to sell his interest to the developer at the price paid upon the occurrence of certain events.  Those events occurred and the investor notified the developer of his intent to exercise his rights to sell.  However, the investor’s former agent filed a suit claiming that he was in fact a partner, objecting to the sale and seeking an injunction against the sale.  The Firm, representing the foreign investor, conducted extensive discovery in Europe and negotiated a settlement that included the full $8 million investment and all costs related to the defense.

Real Estate; Partitioning; Commercial Devlopment

Several hundred acres of prime waterfront property had been inherited by siblings, who could not agree on how to divide the properties among themselves, or how best to use or develop the land, which therefore prevented any development of the land.  The Firm was retained by one of the heirs in a partitioning action, and expert surveyors, engineers, and appraisers were hired.  The Firm obtained control and sole ownership of a separate share of the property for the Client, who then developed a planned community and office park on the property.

Real Estate; Developer; Parnership

The Firm represented a group of families who had been persuaded to become partners in the development of a real estate community and who, after having invested a significant sum of money, were subsequently sued by the developer to force them out of the partnership for a value substantially below what they believed to be the value of their interests.  The Firm defended the lawsuit, and a counterclaim was made against the developer, who was subsequently convinced to pay the Firm’s clients the full value of their partnership interests.

Toxic Mold; Condominium; Sellers Affidavit

A retired couple who had sold a condominium which they had bought and rented out as an investment property was sued by the new owner who claimed he was sickened by mold infestation.  The Firm defended the couple, and counterclaimed for fraud, and obtained a dismissal of the case without the cost of a trial.

Apartment Development; Lis Pendens; Jury Trial

The corporate counsel of an apartment development company hired the Firm to resolve a title dispute between the company and a rival apartment developer that had filed a lis pendens on a tract the company had purchased for an apartment development.  The Firm sued the competitor in Superior Court and tried the case to a jury, disproving the competitor’s claim to the property and obtaining free and clear title for the Client.

Broker's Commission; Fraud; Trial

The Firm was hired by a real estate agent and his broker to recover an unpaid commission on the sale of a large commercial tract.  The Firm succeeded in proving that the seller had colluded with the buyer to avoid the payment of the broker’s commission, and, at trial, recovered a verdict for the commission due, plus interest, and attorney’s fees.

Partnership; Fraud; Attorney's Fees; Trial

The Firm successfully defended a Client who had signed, and failed to pay, a promissory note he had given his real estate developer partner.  At trial, the Firm proved that the Plaintiff had defrauded the Client into signing the note; the Court ordered the Plaintiff to reimburse the Client all the attorney’s fees the Client had paid the Firm.

Real Estate Agent's License; Disciplinary Action

When the Georgia Real Estate Board pursued a disciplinary action against an agent, the Firm was retained to defend the agent, and proved the the complaining party had an axe to grind with the agent, and had fabricated the allegations in his complaint.  The action was summarily dismissed.

Pending Sale; Insurance Coverage; Contractor Lien

After a fire at an apartment complex, the entity which owned the complex retained the Firm to resolve liens filed by several contractors who repaired the property and to pursue claims against the insurance carrier which had failed to pay for the repairs.  The Firm was able to obtain payment in full from the insurance carrier for all the repairs and the contractor’s liens were dismissed, allowing a lucrative sale of the property to proceed.

Property Description; Metes & Bounds; Revision of Deed & Sale Proceeds

An elderly couple who lived in a rural area which was being encroached by urban sprawl was approached by a shopping mall developer interested in purchasing several hundred acres of their land.  The land had previously been subjected to eminent domain actions and public roadways had been built through it, and the couple was unsure of the exact acreage remaining.  Without benefit of a survey, the developer signed a contract to purchase the land and accepted a deed which incorrectly described the acreage and the boundaries of the property.  When the developer learned the acreage was smaller than stated in the contract and deed, it attempted to recover part of the price paid to the couple.  The Firm defended the action for the couple, and no payment was made.

Commercial Development; Sales Contract; Specific Performance; Lis Pendens

A foreign corporation negotiated a contract to purchase a large parcel for commercial development but required the seller to grade the property to a certain altitude and obtain certain zoning variances which would facilitate the commercial use intended. The seller performed the grading pursuant to the contract requirements but did not obtain the zoning. The buyer, however, applied for and obtained the variances, but the seller reneged and refused to sell. The foreign corporation retained the Firm to pursue its rights, and the Firm filed a notice of lis pendens on the deed records and a suit for specific performance against the seller. This precipitated negotiations which resulted in the Firm’s client’s purchase of the land for the original contract price.

- additional sample cases available upon request