Real Estate Litigation
Protecting property interests through strategy, precision, and results.
Who We Serve
At McLain & Merritt, our Real Estate Litigation Group represents developers, property owners, investors, and associations in disputes involving
We combine in-depth industry knowledge with seasoned litigation experience to protect our clients’ property rights, resolve conflicts efficiently, and safeguard the value of their real estate investments.
We understand that real estate disputes often involve more than just legal questions. They impact business operations, community relationships, and financial outcomes. Our goal is to deliver solutions that balance legal precision with practical business sense.
Comprehensive Representation in Real Estate Disputes
Who We Represent
- Builders/Developers
- Lenders
- Commercial Landlords
- Owners/Buyers/Sellers
- Investors
- General Contractors
- Subcontractors
- Developers
- Investors
- Suppliers
- Architects
- Engineers
- Design Professionals
- Real Estate Professionals
- Lenders
- Insurance Companies
Our Areas of Focus Include:
- Title disputes – lien disputes, boundary line disputes, decedent’s estates, conveyance issues, priority disputes, forgery/fraud, encroachment/easement disputes
- Quiet Title Actions/Probate Litigation – title clearance, tax sales/barments, special master appointments
- Contract disputes – breach of contract, guaranties, nonperformance, and enforcement of commercial agreements, purchase and sale agreements;
- Insurance Defense – representation of insureds, coverage disputes, bad faith, subrogation, defalcation
- Construction Disputes – contract disputes, commission disputes, materialman’s liens, subrogation/recoupment, negligent construction, warranty claims, purchase/lease disputes
- Commercial Collection/Dispossessory – lien disputes, recovery on contracts, promissory notes and lease obligations, commercial landlord representation
- Business torts – fraud, misrepresentation, breach of fiduciary duty, defalcation, subrogation, mortgage fraud, Partnership/Shareholder disputes
- Residential construction disputes – representation of clients in construction defect and contract disputes, pursuing efficient resolution while focusing on minimizing disruption and overall financial exposure.
- Restrictive covenant and HOA disputes – representation of homeowners associations, condo boards, builders/developers, homeowners
- Lender Liability – foreclosure disputes, suits on notes/guaranties
- Outside General Counsel – outside general counsel to builders, developers, management companies, brokerages, contractors, HOA and condo associations
- Mediator/Special Master Appointments – court appointed special master, guardian ad litem; mediation services
Strategic Insight and Proven Experience
Our Real Estate Litigation team blends strategic planning with hands-on courtroom experience to achieve favorable outcomes.
Early Evaluation
We conduct comprehensive case assessments to identify resolution strategies and mitigate risk before litigation escalates.
Informed Risk Management
Our attorneys provide clear guidance on exposure, helping clients make informed decisions aligned with business goals.
Focused Litigation Strategy
We develop targeted case plans that emphasize efficiency, cost control, and the protection of long-term property interests.
Skilled Advocacy
Our litigators are experienced in trial, arbitration, and mediation, representing clients in disputes involving properties of all sizes and complexities.
Results That Protect Value
We focus not just on resolving the dispute but on preserving property value, reputation, and future opportunity.
Building Confidence Through Trusted Counsel
At McLain & Merritt, we view real estate litigation as an opportunity to strengthen client relationships and protect long-term investments.
Many of our clients rely on us not only for representation in active disputes but also for preventive guidance through contract review, title analysis, and risk assessments designed to reduce future exposure.
Whether you are facing a contract dispute, zoning challenge, or title issue, McLain & Merritt provides the strategic counsel, clear communication, and proven results that protect your property interests and keep your projects moving forward.