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Real Estate E&O Liability

Our Real Estate E&O Liability Practice Group provides competent and knowledgeable litigation defense services to real estate professionals. In each of our offices, we have attorneys experienced in handling such claims who possess intimate knowledge of the relevant statutes, regulations and case law.  They represent real estate agents, real estate brokers, title agents, home inspectors, appraisers and mortgage brokers, and we aggressively defend their cases from the commencement of litigation, without a "ramp up" period.
Our attorneys have handled hundreds of real estate liability cases. They have successfully defended real estate licensees, in state and federal courts, involving allegations that sellers and licensees have failed to disclose known material defects with respect to real property and/or have made affirmative misrepresentations regarding conditions of real property. In such cases, our attorneys possess a competitive advantage because they are familiar with the licensing statutes and accompanying regulations, as well as the various states' seller's disclosure laws.
Attorneys in this practice group also have extensive experience defending title agents in claims for indemnity made by title insurance underwriters and by third parties/insureds for problems that allegedly arise from the handling of real estate closings. Once again, our attorneys possess a working knowledge of the Real Estate Settlement Procedures Act and the policies and contractual relationships governing the interrelationship between parties in these cases.
Additionally, our attorneys have represented real estate licensees and appraisers before state licensing boards and commissions. We are intimately familiar with the real world problems faced by real estate professionals, and we anticipate and identify developments and trends in the industry before they become apparent to the legal and insurance communities at large.
Although we are committed to litigating such matters through trial if necessary, we are often able to obtain favorable early settlements, which satisfy our clients' goals of cost-effective and efficient litigation defense. Our trial attorneys are adept at identifying the core issues in these cases and working closely with our clients to ascertain whether a non-litigation remedy exists and whether alternative dispute resolution is more appropriate.
The Real Estate E&O Liability Practice Group  serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.
Consistent with our firm's proactive approach and philosophy, we welcome the opportunity to present educational seminars and workshops as a mutually beneficial introduction to one another. 


Jul 25, 2019
The defense prevailed on a motion to dismiss our real estate agency client. The plaintiff filed counts of fraud, deceit, misrepresentation, conspiracy, conversion, invasion of privacy-false light, breach of contract, and promissory estoppel against...
Apr 21, 2016
Obtained summary judgment on behalf of a condominium association and its property manager for injuries suffered by a tenant of one of the condominium owners. The plaintiff, who suffered a trimalleolar fracture resulting in three surgeries, including...
Sep 12, 2013
After pretrial activities that included 50 depositions, 50+ pretrial hearings, a gag order, motions for pretrial contempt, three spin-off lawsuits and more,  it took a jury only 55 minutes to find our clients, a Master Property Owners'...
May 31, 2011
Attorney non-suited plaintiffs at trial during preliminary motions by bringing a successful motion in limine where plaintiffs had alleged breach of a contract for the lease and purchase of real estate. Plaintiffs had given evasive answers to...
Jan 24, 2011
Attorneys had all counts against their client, a home inspector, dismissed on preliminary objections. The judge dismissed the negligence, professional negligence and negligent misrepresentation claims against our clients based upon the "gist of the...
Nov 11, 2010
Attorney obtained a six-figure judgment for a real estate sales agent against a real estate brokerage firm in a three-day jury trial. The broker had refused to honor the agent’s claim for commission in a sale of a large commercial tract of land and...
Mar 29, 2010
Attorney successfully persuaded Plaintiff, a prospective home buyer, to withdraw all claims he asserted against our client, his realtor, on the morning of trial. Plaintiff had alleged that his realtor failed to advise the home seller that he was...
Aug 24, 2009
Attorney won a bench trial.  In this matter, our client is a leading commercial real estate broker in Philadelphia who sued its law firm client for non-payment of its fee related to a lease restructure.  The law firm then counterclaimed against our...
Mar 2, 2009
Attorneys obtained Summary Judgment for a title company/closing agent in a matter before the Superior Court. Plaintiff claimed that our client improperly withheld disbursement of escrow funds after the settlement of a sale of a residential property...
Feb 13, 2009
Attorney obtained dismissal of plaintiff's Complaint in the Chancery Court of New Castle County, Delaware. Plaintiff alleged that he was fraudulently induced to enter a contract of sale for the purchase of a property on the basis that he was...



Law Alerts January 29, 2014
The Pennsylvania Supreme Court recently granted the petition for allowance of appeal of a December 26, 2012, Superior Court ruling that psychological damage to real property is not considered a material defect in the property which must be revealed..., Case Law Alert, January 29, 2014 This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a...
Law Alerts October 18, 2013
In these consolidated cases, Ocean Bank (Bank) appealed two orders that denied its request for attorney’s fees against Caribbean Towers Condominium Association (Association). The Bank claimed attorney’s fees as the prevailing party in..., Case Law Alert, 4th Quarter 2013
Law Alerts April 11, 2013
In July 2008, the Association initiated lien foreclosure proceedings against the owner of Unit 402 ("the Unit") in the Spiaggia Ocean Condominium. In July 2009, the Association obtained a default final judgment of foreclosure, and a..., Case Law Alert - 2nd Quarter 2013
Law Alerts April 11, 2013
The plaintiff, the tax collector of Weehawken, New Jersey, alleged that he was subjected to six acts of retaliation by his employers, the Township of Weehawken, its mayor and its town manager, after he submitted a certification in support of a civil..., Case Law Alert - 2nd Quarter 2013
Defense Digest Article March 1, 2013
By Jay S. Rothman, Esq.* Whether the transaction involves the purchase or sale of a private residence, the subdivision and construction of a residential community, the granting of mineral rights, the acquisition of a commercial shopping center or..., Defense Digest, Vol. 19, No. 1, March 2013
Defense Digest Article March 1, 2011
Key Points: The Business Judgment Rule prevents a court from calling upon directors to account for their actions, no matter how poor their business judgment. The rule traditionally served to protect corporate directors and officers from..., Defense Digest, Vol. 17, No. 1, March 2011



Jay S. Rothman
Co-Chair, Class Action Litigation Practice Group
(215) 575-2802

Additional Contacts

Jeffrey J. Chomko
(215) 575-2632
Jonathan E. Kanov
(954) 847-4943

Related Practice Areas

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