Real Estate Litigation

Our unique combination of exceptional litigation skills and deep knowledge of real estate law positions our clients to achieve successful outcomes when litigation issues arise.

Overview

Our litigators have a rich record of success in handling lawsuits and disputes involving real estate. We’ve represented all sides to these disputes, including commercial landlords and tenants, banks and other financial institutions, owners, developers, sellers, purchasers, property managers, contractors, and brokers. We use our specialized knowledge and experience in this field to protect our clients’ interests and help them avoid or reduce litigation expenses and challenges that inhibit growth.

We litigate all manner of real estate disputes, including commercial lease disputes, the enforcement of loan documents and contracts for the purchase and sale of real property, foreclosure sale confirmation proceedings and deficiency claims, actions for the partition of land, quiet title actions, statutory dispossessory and distress proceedings, specific performance claims, claims for nuisance and trespass, construction claims and liens, cases involving the Americans with Disabilities Act, and equitable proceedings for injunctive relief.

In recent years, we’ve recovered millions of dollars for lenders and have handled significant cases cited as landmark decisions on lender rights and foreclosure procedures.

Experience

  • Successfully conducted week long jury trial, defended client against claims approaching $800,000, and recovered judgment for clients’ attorneys’ fees in lawsuit brought against client by former tenant and purchaser of building occupied by former tenant.
  • Represented major bank in vigorously contested lawsuit against developers based upon loan documents and obtained summary judgment for an amount in excess of $20 million.
  • Represented Branch Banking and Trust Company in commercial foreclosures throughout Georgia, including foreclosure of retail centers, office buildings, residential subdivisions and raw land, and in successful judicial confirmations of foreclosure sales.
  • In specific performance action, enforced contract for client’s purchase of condominium at price in excess of $2 million based solely upon seller’s expression of terms of sale written on napkin during meeting at restaurant.
  • Obtained summary judgment in favor of client sued for numerous claims relating to lease of a cold storage facility/warehouse and dispute with landlord relating to use of the facility and the property surrounding the facility. Obtained very favorable settlement terms (including dismissal of all claims against client) following the entry of summary judgment.
  • Obtained summary judgment for landlord client that was affirmed on appeal to enforce radius restriction in lease, recover additional rent, and client’s attorneys’ fees.
  • Successfully defended landlord against claims for millions of dollars related to roof leak and recovered $350,000 for client on counterclaim for damages and fees.
  • Secured favorable settlement in million-dollar lease dispute on behalf of tenant regarding landlord’s miscalculation of operating expenses.
  • Represented Stafford Development, a national shopping center developer related to operational rights, as adjoining property owners involving a large big box user and local auto dealer for South Carolina property. Stafford could not move forward with certain tenant improvements needed to make the center again viable. Additional complexity was introduced when the auto dealer convinced the local governmental authorities to “pull” the building permits thus stopping improvement work at the center. Arnall Golden Gregory assisted in negotiating a settlement among all three parties that not only resulted in construction again commencing but affording the big box user certain restrictions on use by the auto dealer in exchange for enhanced access rights to such dealer.
  • Served as counsel to food service logistics company and obtained summary judgment as to all claims asserted against client in action by warehouse landlord.
  • Resolved a high stakes dispute between commercial developers on adjacent properties through litigation and subsequently negotiated settlement by formulation of a win-win scenario involving benefits to both parties to address issues related to easements, retention ponds, lateral support and other concerns.
  • Successfully obtained an arbitration award defending Parkside Crossing 300, LLC, an office developer, in a construction arbitration dispute.
  • Defeated a landlord’s summary judgment claim against tenant client for more than $5 million in accelerated rent associated with the lease of three motels based upon the distinction between usufruct and estate for years leases, concepts related to the accrual of claims under installment contracts, and the tripartite test for enforceability of acceleration provisions under the liquidated damages standard.
  • Represented real estate developer in construction contract dispute against DeKalb County.  Successfully resolved lawsuit prior to trial.
  • Successfully employed little-used distraint proceeding to obtain judgment and acceleration over $1 million of future rent.
  • Achieved defense judgement, which was affirmed on appeal, in favor of commercial lender in wrongful foreclosure action.
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