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Real Estate Litigation

Client and Industry Challenges

The real estate industry has had more than its fair share of challenges during the recent economic downturn. In good times or bad, however, this industry is always evolving and developing, especially in the markets in which Snell & Wilmer operates, all of which are known for having robust real estate development. While the key players, laws, regulations and practices in this industry continue to change, so too have our firm and practice groups with a continued focus on significant real estate issues.

Snell & Wilmer has over 75 years of legal experience and an unparalleled reputation in real estate litigation. Our attorneys help clients resolve disputes, achieve their objectives and gain a competitive advantage in the real estate industry. Our real estate litigation practice group, working with our colleagues in complementary practices, is well-positioned to assist with any issues and disputes that arise during any phase of a real estate venture or project. It is what we do, and we do it well - efficiently and effectively.

Clients We Serve

Snell & Wilmer's real estate litigation group represents commercial, industrial, non-profit, and residential REITs, real estate investors, developers, banks, lenders, property owners, receivers, property managers, landlords, brokers, appraisers, title insurers, escrow agents and other industry-related businesses with a diverse range of needs and interests.

Our attorneys can handle virtually any type of real estate litigation matter, including disputes relating to:

  • Acquisition and development: disputes arising under purchase and sale agreements, option agreements, development agreements, and land use and zoning disputes
  • Construction: disputes relating to agreements with general contractors, subcontractors and related liens
  • Management: litigation of property management agreements and prosecution of receivership actions
  • Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies
  • Loan workouts, trustee's sales/foreclosures, collection and bankruptcy: disputes relating to business loan agreements, promissory notes, deeds of trust, assignments of rent and guarantees, including loan workouts/restructurings, trustee's sales, deficiency actions and related bankruptcy proceedings such as motions for relief from the automatic stay
  • Title disputes: easement, property line, adverse possession, quiet title, trespass, nuisance and other title disputes and actions
  • Landlord-tenant disputes: eviction proceedings, complex lease interpretation issues and the entire spectrum of landlord-tenant disputes
  • HOA disputes: disputes relating to communities governed by homeowners' associations and related CC&Rs
  • Eminent domain, condemnation, valuation and partition disputes: fair market value hearings, condemnation hearings, valuation disputes and partition proceedings
  • Environmental audits and litigation: audits in advance of potential ownership of real property by contract or pursuant to a trustee's/foreclosure sale and environmental issues arising from the ownership of real property
  • Subsurface rights: disputes relating to water and mineral rights

Why Clients Select Us

Knowledgeable, Innovative, Connected: Our real estate litigation group uses its deep understanding of, and relationships within, the real estate industry to offer clients situation-sensitive and forward-thinking solutions. Our real estate litigation attorneys rely on their extensive resources, including the experience of Snell & Wilmer's real estate, finance, environmental, construction, financial services litigation, and bankruptcy and reorganization practices, to strategically and efficiently advance our clients' interests.

Invested in Our Clients: Our group strives to develop a thorough institutional knowledge of our clients' business and legal concerns in order to effectively address litigation challenges and keep projects on track. We offer legal solutions that are tailored to meet every client's individual needs.