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Real Estate and Finance Litigation

Aquisitions International recently ranked Kercsmar & Feltus in the "Best Real Estate Dispute Lawyers - Arizona."  All of our lawyers are experienced in real estate litigation, both in arbitration and in the state and federal court systems. We have successfully represented our clients in commercial and residential real estate matters. Today, we represent a broad array of clients, including commercial landlords, commercial tenants, investors, lenders, borrowers, homeowners, buyers, sellers, real estate brokers and agents, corporations, partnerships, joint ventures, LLCs and individuals. Our firm views real state matters as a core practice area of the firm, and we bring all of our experience and knowledge to our real estate clients.

Areas of focus:

  • Purchase and Sale Transaction Disputes
  • Fraud and Misrepresentation Claims
  • Breach of Contract Claims
  • Non-disclosure Issues
  • Escrow and Earnest Money Disputes
  • Real Estate Investment Fraud
  • Claims Against Brokers or Agents
  • Commercial Landlord/Tenant Disputes
  • Title Claims and Quiet Title Actions

Representative Cases

  • Represented a multi-state banking institution in its lawsuits against mortgage brokers across the United States arising from fraud in mortgage applications
  • Represented a large hotel investment and management company in disputes in litigation arising from the sale of one of its largest hotels
  • Represented mobile home park in litigation arising from misrepresentations made by seller during purchase of mobile home resort
  • Successfully represented individual investors in arbitration against one of the largest condominium developments in Maricopa County
  • Represented a real estate development consulting company in a dispute involving a planned 800-acre mixed-use development project
  • Defended a limited liability investment company that purchased land at public auction against a suit challenging the validity of the auction
  • Obtained a complete defense ruling in favor of real estate investment lender accused of fraud and racketeering in its lending practices
  • Represented a national private hedge fund in litigation involving breach of contract litigation with the lead lending institution and developer over multi-million dollar brownstone project in central Phoenix
  • Obtained a complete defense verdict, including attorneys’ fees and costs, in favor of real estate developer accused of negligence in constructing office park
  • Defended a title insurance company in a class action accusing the company of violating the Real Estate Settlement Procedures Act
  • Obtained dismissal, and award of all attorneys’ fees, for commercial real estate investors in breach of real estate purchase contract and development agreement and related fraud claims
  • Obtained summary judgment for large Arizona-based franchisee in a claim brought by competitor for breach of a shopping center restrictive covenant
  • Obtained injunction, and award of all attorneys’ fees, for homeowner in case involving breach of homeowner association CC&Rs
  • Obtained summary judgment, and award of attorneys’ fees, for real estate investor on claims asserted by developer partner for improperly terminating development agreement
  • Represented real estate developer against claims of fraud and negligent misrepresentation related to omissions made in public report
  • Representation of buyers and sellers of real estate purchase contracts
  • Representation of landlords and tenants in commercial lease disputes
  • Representation of homeowners and HOAs in disputes related to CC&Rs,  including initiation of injunctive relief and claims for breach of contract
  • Successfully defended a national bank in federal district court and on appeal in the Ninth Circuit against claims of negligence brought by a reverse mortgage applicant
  • Defended a group of real-estate investors against claims asserting that the investors were personally liable on a five million loan
  • Successfully defended a group of tenants in common against claims brought by their fellow tenants in common

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Litigation Recognition

Practice Areas