Real Estate Litigation

Fraud, Concealment, & Nondisclosure.

Real estate transactions require sellers and listing brokers to make full disclosure of all known material facts concerning the property. An honest and thorough disclosure will seldom prevent a sale and will protect the seller and his agent from nondisclosure and fraud claims. Buyers who have been deceived, through misrepresentations or concealments, whether intentional or negligent, may assert a claim against the seller or broker who misled the buyer. One remedy is to seek damages for difference in the value of the property and other costs incurred as a result of the nondisclosure or fraud and, in cases of deliberate deception, punitive damages. An alternative remedy is to rescind or cancel the transaction due to mistake or fraud and return the parties to their former positions. Michele L. McGill has successfully prosecuted and defended these nondisclosure cases for more than 25 years.

Professional Negligence.

The broker has a high standard of care and loyalty to his or her client. If the broker falls below this standard of care, he or she may the liable for damages for professional negligence. Deliberate malfeasance can lead to more severe consequences including exposure to punitive damages and discipline by the Department of Real Estate.

Neighbor Disputes.

Neighbor disputes can include boundary discrepancies, encroaching structures, easement claims, overgrown trees, noise problems, nuisance problems, water intrusion, and other serious issues. Our office advises property owners on their rights and responsibilities and will file suit or defend a suit where necessary to protect and preserve our clients’ property interests and peace of mind.

Easement Claims.

An easement is the right to use the property of another. They may arise out of necessity, with the consent of the adjoining property owner, or by prescription where the property has been used by another under certain circumstances. Easement disputes often arise when a conflict develops between adjoining property owners or when title is transferred to a new owner who was unaware of the easement claim. Our office advises property owners who assert easement claims or who wish to prevent or limit easement claims against their property.