Lead Attorneys: Simon H. Bloom, III, Stephanie A. Everett

Disputes often arise from contracts for sale in both the commercial and residential contexts. In the residential context, buyer’s remorse is the single greatest impetus for sales contract litigation. In the current residential market, great sums of money are at stake and serious disputes emerge. Countless real estate transactions end up in litigation when the seller delivers something slightly (or substantially) different from what the buyer expected or claims to have expected. And more recently, buyers find themselves in an ever changing market, facing different market pressures. Often, a buyer simply walks away from their duty to close jeopardizing the deal and opening the door to litigation.

We assist both buyers and sellers at all stages of these contract disputes. When one party hints at backing out before closing or when deals blow up at the closing table, we help our clients salvage the deal on amicable terms before litigation becomes necessary. When negotiation is unsuccessful, we aggressively litigate our client’s rights to secure equitable relief and money damages.

We also handle disputes concerning the disbursement of earnest money helping our clients recover.

Recent Wins:

• Win Allows Sale to Proceed to Closing
  Aggressively defeated litigation filed by a third party to prevent a property sale allowing the sale to proceed to the closing table
• Negotiated Resolution of Buyer’s Claims Results in Completion of Sale
  Successfully negotiated a resolution of a buyer’s claims against a seller for failure to disclose dangerous and uninhabitable property conditions resulting in completion of the sale

Publications:

• ICLE Paper – Simon’s Chutes and Ladders of Real Estate Transactions v1, by Simon H. Bloom and Stephanie Everett, presented at the Fall 2006 Commercial Real Estate Seminar, November 9, 2006, Atlanta, Georgia