Commercial Lease & Real Estate Litigation Lawyers

Our attorneys handle all types of real estate disputes, including cases involving:

Breach of a Real Estate Purchase or Sale Agreement: If a real estate seller who has signed a contract for the sale of real property breaches the contract and refuses to transfer title, our attorneys can pursue a number of legal remedies for the aggrieved buyer. These include monetary damages and specific performance. Specific performance is an order issued by a judge requiring a party to perform under the terms of a breached contract.

Our attorneys also represent sellers of real estate in disputes with buyers who have not honored their obligations under a contract for the sale of real property. When a buyer breaches a real estate contract, our attorneys can help the seller obtain damages stemming from the breach, including compensation for any expenses associated with the property while the resale is pending.

Failure to Disclose Latent Defects in Real Estate Transactions: Our real estate litigation team also represents clients in cases where a seller of real estate has failed disclose a latent (hidden) defect to the buyer. Under real estate law, sellers have a duty to disclose any known defects to the buyer of the property. If you purchased a residential or commercial structure and the seller failed to inform you of any defects in the property, our attorneys may be able to file a lawsuit against the seller seeking compensation for the financial harm you suffered. In addition, our attorneys may be able to file a lawsuit against the real estate broker who sold you the property.

Wrongful Conduct by a Real Estate Agent or Broker: Real estate agents have a fiduciary duty to act in the best interest of their clients. If this duty is violated, our attorneys may be able to file a breach of fiduciary duty lawsuit against the broker.

We also represent clients in cases involving real estate agent fraud. To have a valid claim for fraud, your attorney must prove that the broker committed an intentional act to harm or defraud his or her client.

Other Cases: Our real estate litigation team also represents clients in lawsuits involving:

• Breach of commercial leases
• Breach of development agreements
• Partnership and limited liability company (LLC) disputes
• Misrepresentations in connection with the purchase or sale of real estate
• Disputes involving easements or adverse possession, including quiet title actions
• Water rights
• Negligent design, planning or construction
• Construction contract, warranty or defect litigation
• Environmental and compliance issues, including cases involving indoor air quality
• Insurance disputes
• Physical damage to real estate
• Inverse condemnation against a governmental entity for taking real property
• Cell phone tower litigation
• Tenant default

Because we handle real estate claims on a contingency-fee basis, our clients are not burdened by any upfront fees, and we only receive only a fee if we are successful in recovering an award or settlement in your case. To get in touch with our attorneys about your real estate dispute, complete our contact form or call us at 877-602-0907.

When an insurance company offers to settle, chances are they want to close the case as soon as possible. If you are not familiar with how insurance companies work, you may be tempted to believe that they care about you or your loved one, which is why they want to settle the case immediately. But that is not necessarily true.

Such companies may want to settle a claim quickly because they do not want you to consult an attorney. This is because consulting an attorney opens a whole new world of possibilities you didn't know existed. For example, the attorney will evaluate the settlement amount and compare it with the damages you suffered. This ensures that the settlement offer is consistent with the damages you or your loved one incurred.

Most insurance companies will only offer to settle common damages such as medical expenses. However, with the help of an attorney, you may be shocked to discover that you are entitled to compensation for economic and non-economic damages and much more. 

If you reject the settlement offer, it sets the stage for further negotiations. Rejecting this offer does not mean you are no longer eligible for compensation for your medical costs, lost wages, loss of earning potential, and other damages. Rather, it means you are ready to fight for your rights, ensuring you receive the settlement you need and deserve.

Insurance companies propose low settlement offers for various reasons. To them, this is a game of probabilities. They would want to propose a lowball offer because they assume you do not understand the actual value of your claim. Therefore, they hope you agree to settle for the lowball offer.  

Secondly, insurance providers propose lowball offers because they want to save money. That is how these companies make money in the first place. They minimize the amount they spend on compensating injury victims while maximizing the amount of money they receive as premiums.

Signing a release means you have accepted the settlement offer from the insurance provider. This marks the end of your claim. The insurance provider will process your claim within the agreed timeframe and then effectively close the case.

One of the reasons it is never advisable to sign a release without an attorney is that you cannot change your mind later and open a new claim against the insurance company after signing this form. This is because by signing the release, you agree to free the insurance company from any liability regarding the accident. So even if you discover that the settlement offer was way less than what you were entitled to, you cannot turn back and file a new claim with the insurance provider.

Yes, some exceptions might apply to your specific situation. However, these exceptions are rare. To file a new claim against the insurance provider after signing a release, you must be able to prove that they intentionally misled you into signing the release. Specifically, you must demonstrate that the insurer lied to you about the claim.

You may also be able to file a new claim if you can prove that the insurance provider committed fraud when settling the claim. However, since these companies are usually aware of these rules, it is unlikely that they will make such careless mistakes. Secondly, even if they lied to you or committed fraud, it will be much more difficult to convince the court, especially if you have already signed the release.

After rejecting the settlement offer, you will need to respond with a counteroffer. An experienced personal injury attorney can help evaluate the nature of your injuries and determine the best counteroffer to present to the insurance company. The attorney will consider both economic and non-economic damages when drafting this offer. After coming up with a fair amount, the attorney will then present the offer to your insurance provider.

If the insurer refuses to settle a counteroffer, your attorney will explore other options, including filing a personal injury lawsuit against them. If the case goes to court and you win, the insurer will need to compensate you for the damages you suffered and the legal fees involved. This further explains why most insurance providers would rather negotiate a settlement out of court.

At Morgan and Morgan, our personal injury attorneys are skilled negotiators. We are familiar with the tactics insurance companies use to avoid paying the full value of such claims. For this reason, we can fight for you or your loved one, ensuring you receive the compensation you need and deserve after the injury.

If your insurance company wants you to sign a release, don't do it. Rather, contact Morgan and Morgan for a free case evaluation. You might be surprised to discover that you are entitled to more than the insurer offers.