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Real Estate Litigation

Overview

Parker Poe has a roster of experienced real estate counselors and litigators who understand that real estate disputes are as diverse as the industry itself. Claims can arise at any time in the real estate purchase, development, ownership, and operation cycle – and we can help clients work toward prompt resolutions at any point.

Our team represents developers, owners, contractors, insurance companies, and others in litigation that ranges from bet-the-company to routine yet disruptive issues that can arise daily. Our litigators have extensive experience in construction litigation, environmental claims, health and safety issues, landlord-tenant matters, land use and zoning issues, regulatory matters, and title disputes. We also routinely represent real estate clients in a wide range of business disputes, including those arising from contracts and the issuance of securities.

Our real estate trial lawyers have tried – and won – cases in courts throughout the Southeast. However, Parker Poe also understands that claims do not necessarily equal trials. Our real estate litigators have extensive experience in all methods of alternative dispute resolution, including arbitrations and mediations. Our attorneys appear regularly before the American Arbitration Association, JAMS, and several other national and local dispute resolution centers. 

We also understand that sometimes disagreements need to be resolved without resorting to any formal legal process, and we have the experience to help counsel clients through those issues so that their business can continue unimpeded. Our work has been recognized by our clients and peers as we have received the coveted National Tier 1 ranking by Best Lawyers for four straight years.

Representative Experience

  • Represented landowner with more than 1,500 acres in a challenge to its conditional use zoning approval and achieved a dismissal of the lawsuit without compromise and without delay in the planned development timetable.
  • Represented real estate professionals in lawsuits, including allegations of improper calculation of square footage, negligent appraisal or other value determination, negligent surveying and other allegations of professional misconduct.
  • Represented numerous commercial and residential landowners in public condemnation actions, challenging the condemnor's determination of the damages to the property and achieving favorable results for our clients.
  • Defended a commercial property developer against allegations of toxic mold exposure to a tenant, achieving a favorable decision for our client after a two-week commercial arbitration.
  • Represented numerous private condemning authorities and tried jury cases to obtain favorable verdicts on the issue of diminution in the fair market value of the property due to the taking.
  • Represented developers in various disputes with homeowners' associations (HOAs) concerning the application of restrictive covenants and association bylaws.

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Professionals

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