KWM has represented clients in many facets of real estate law. The firm represents buyers and sellers, developers, investors and property managers in numerous types of transactions and projects. Principal among our real estate trial practice are cases involving disputes among parties to sales transactions, brokerage commission disputes, commercial lease disputes, land acquisition disputes, and zoning or ordinance-compliance matters.  In addition to our strong litigation experience in the area of real estate law, we regularly provide clients with advice on the structuring of real estate transactions and the drafting of documents pertaining to this area, including limited partnership agreements, LLC operating agreements, and joint venture agreements.

Our real estate practice overlaps with our extensive work in the field of construction law. KWM has represented owners of commercial and residential properties in drafting and negotiating all types of construction-related contracts. We have represented both contractors and subcontractors in an effort to negotiate solutions to all types of disputes that occur within the construction industry. We have substantial experience obtaining and enforcing mechanics’ liens, as well as in licensing matters, surety and workmanship matters, contract drafting, project documentation and negotiation during construction, dispute resolution and more.

Representative Matters

  • Obtained a victory following a bench trial in a real estate partnership accounting action when the court ruled that our client was a partner in a multi-million dollar development project.
  • Achieved a judgment and pursued aggressive successful collection proceedings to obtain the return of the entirety of our client’s earnest money that had been misappropriated by the seller’s real estate broker.
  • Jury verdict in favor of our clients, real estate purchasers, in fraud claim against mortgage broker and general contractor involving a purchase/rehabilitation loan.
  • Obtained summary judgment on behalf of group of real estate investor clients against escrow agent for disappearance of earnest money deposits.
  • Successful settlement on behalf of commercial real estate broker against seller-client and purchaser in “straw buyer” lawsuit.
  • Confirmed judgment after arbitration against general contractor concerning breach of construction contract for faulty workmanship.
  • Successful prosecution of vessel owner’s multi-million dollar claim against shipyard for fraudulent or negligent project management, including defense of $2 million fees counterclaim.
  • Favorable settlement of mechanics’ lien claim despite liquidation of hospital.
  • Successfully obtained a directed verdict for our clients in a claim involving an alleged breach of an oral contract to convey real estate upon death.