On the Pulse...A Profile of the Real Estate E&O Liability Practice Group

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 any other deal involving real property, the attorneys at Marshall Dennehey Warner Coleman & Goggin have defended individuals and businesses when claims or litigation result from these transactions.

The schedule of entities involved in real estate transactions, as well as those professionals who "touch" the deal, is vast and may include: abstracting companies, appraisers, attorneys, banks and other financers, developers, home inspectors, owners, property managers, real estate agents, surveyors, title agents and title insurance companies. Marshall Dennehey has experience defending them all.

Claims involving real estate transactions require an understanding of the inter-relationship between all the parties involved in the deal, as well as familiarity with the transactional documents required to consummate the transaction. Our Real Estate E&O Liability practice group understands these relationships and has decades of experience litigating within this industry.

Representing our clients' interests not only requires attorneys ready and able to try their cases in front of juries, but additionally requires a keen business savvy associated with resurrecting a previously failed transaction. Our defense approach is aimed at early identification of the key issues and is predicated on developing the earliest possible strategy tailored to each individual case and client. Failed real estate transactions generally involve business people looking for business solutions. While the attorneys within this discipline are committed to vindicating their clients' rights in the courtroom, they are also sophisticated in understanding that there are many ways to resolve failed real estate transactions other than waiting for the jury foreman to announce a defense verdict.

Commitment to creative solutions to failed transactions is the hallmark of this practice group. Our Real Estate E&O Liability practice group spans all 18 of our offices in the six states in which we practice. These fine ladies and gentlemen possess the understanding and acumen to efficiently and cost-effectively resolve these disputes.


*Jay is chair of this practice group. He works in our Philadelphia, Pennsylvania office and can be reached at 215.575.2802 or jsrothman@mdwcg.com.


Defense Digest, Vol. 19, No. 1, March 2013