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 nationally recognized Real Estate Litigation team has a rich record of success in handling lawsuits and disputes involving all facets of commercial real estate, including retail, industrial, office, and healthcare properties. We represent owners, developers, sellers, purchasers, property managers, tenants, contractors, brokers, and lenders making or defending claims. We use our comprehensive knowledge and experience in this field to protect our clients’ interests and help them avoid or reduce litigation expenses and challenges.

We help resolve all manner of real estate disputes, including the enforcement of contracts for the purchase and sale of real property, commercial lease issues, easement disputes, actions for the partition of land and quiet title, dispossessory and distress proceedings, specific performance claims, claims for nuisance and trespass, construction claims, and liens. Often, these matters involve claims for equitable relief and emergency injunctions.

Our real estate litigation clients include major retailers, developers, healthcare providers, and property managers, as well as several local, regional, and national companies within the commercial real estate industry.

AGG’s Real Estate Litigation team members are leaders of and frequent speakers for ICSC, NAIOP, and other leading commercial real estate associations. Additionally, the American Bar Association and other platforms frequently publish AGG-authored authoritative literature on legal trends in the CRE industry.

Experience

  • Obtained specific performance for a major national retailer to enforce a purchase contract for commercial property near The Battery in Atlanta, Georgia, and terminate a long-term lease with a related owner of downtown Atlanta property.
  • Won summary judgment for a national real estate development company CEO in a $30 million fraud case brought by an investment firm arising from a series of commercial real estate transactions involving mixed-use properties in California and Colorado.
  • Won dismissal of suit brought by an industrial warehouse tenant against a national logistics company property owner arising from a tenant’s refusal to vacate property following a dispute over an exercise of renewal option.
  • Won summary judgment for a carpet manufacturer in a class action suit seeking over $800 million in injunctive relief to remediate PFAS chemicals from water sources.
  • Recovered $1 million for a major movie studio tenant of industrial warehouse in Atlanta, Georgia, in a dispute arising from government condemnation necessitating relocation of unique, large, and delicate one-of-a-kind movie sets and props.
  • Won a multimillion-dollar arbitration decision following a week-long evidentiary hearing on behalf of a commercial real estate developer. A tenant sued our client for overcharging it for taxes and other expenses. The arbitrator excluded the tenant’s expert testimony on the key issues, directed a verdict for our client, and awarded our client its attorneys’ fees for defending the claim.
  • Resolved a $1.5 million contract rescission claim for the return of earnest money on behalf of a national wholesale retailer in a case brought by a potential buyer of the property where a former store was located.
  • Won $6.2 million judgment on motion for summary judgment relating to suit on guaranty for real estate loan dispute.
  • Won $504,000 jury trial on case regarding tortious interference with property rights and negligent misrepresentation.
  • Won summary judgment for a retailers association of more than 1,000 stores in defense of a class action in which plaintiffs alleged that the group’s membership criteria and contracts with vendors discriminated on the basis of race and, therefore, violated 42 U.S.C. Section 1981.
  • Prevailed in a week-long arbitration on behalf of a midtown Atlanta office building owner against a tenant claiming the owner had overcharged it millions of dollars in “fabricated tax expenses.” The owner defeated the tenant’s tax claims following the arbitrator’s ruling that the tenant’s expert’s testimony should be excluded. The arbitrator also awarded the owner $216,056 on its counterclaim against the tenant for the underpayment of certain operating expenses. Finally, the arbitrator ruled that the tenant’s fraud claim was frivolous and awarded the owner $174,610 for its attorney’s fees.
  • Successfully defended a leading national footwear retailer against a complaint for an emergency injunction brought by one of the largest REITs and mall operators in the U.S. The Indiana Superior Court denied the Indianapolis-based REIT’s request following an evidentiary hearing involving several expert and corporate representative witnesses.
  • Successfully represented the largest food service distribution network in the world in an emergency injunction case in Texas involving a lease dispute over the use of its loading dock, implicating the daily production of $200,000 a day receiving, storing, and distribution warehouse. The loading dock was restored to full operating capacity within 45 days of AGG bringing the complaint following a two-day evidentiary hearing.
  • 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 a former tenant and the purchaser of building occupied by the 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 a regional bank 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.
  • Served as counsel to food service logistics company and obtained summary judgment as to all claims asserted against client in action by warehouse landlord.
  • 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.
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