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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. 


Feb 13, 2009
Attorney successfully represented a surveyor. The client had been 3rd partied into a hotly contested boundary dispute, charged with having negligently prepared a survey for a large and very old parcel of land. After researching the archived property...
Aug 25, 2008
Attorney obtained a complete a dismissal of all claims against a mortgage loan servicer, on a 12(b)(6) motion. The case involved a mortgage refinance and Plaintiffs alleged that they were verbally promised a fixed rate loan and a lower monthly...
Apr 17, 2008
Attorney prevailed on Preliminary Objections, resulting in the dismissal of Plaintiff's amended complaint against two real estate agents and the agency for which they work. Plaintiff alleged claims of tortious interference with prospective business...
Mar 24, 2008
Attorneys obtained summary judgment on behalf of a real estate closing attorney who conducted a residential closing for a refinance of the marital home in connection with a divorce settlement. Plaintiff claimed that defendant forced him to sign a...


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
Law Alerts April 1, 2010
In the state of Florida's first reverse foreclosure, a Miami-Dade Circuit Court judge has forced a bank to take title to a property from a homeowners association. A reverse foreclosure is a new tool that can force banks to pay association..., Case Law Alert - 2nd Qtr 2010


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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