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Real Estate Litigation

Client and Industry Challenges

The cyclical real estate industry has had more than its fair share of challenges. 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 80 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 efficiently and effectively.

Clients We Serve

Snell & Wilmer's real estate litigation group represents commercial developers, commercial property owners, REITs, real estate investors, lenders, commercial receivers,  property managers, landlords, homeowners, 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: contract disputes relating to brokers and agents, as well as their ethical, fiduciary and other common law obligations arising in civil actions and in administrative proceedings before state regulatory agencies
  • Litigation for banks and servicers: disputes relating to commercial loan agreements, promissory notes, deeds of trust, assignments of rent and personal 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, partition and other title disputes and actions
  • Landlord-tenant disputes: eviction proceedings, complex lease interpretation issues and other landlord-tenant disputes
  • HOA disputes: disputes relating to homeowners' associations and related CC&Rs
  • Eminent domain/condemnation litigation: litigating  orders of immediate possession, valuation hearings, and the conduct of condemnation trials
  • Environmental audits and litigation: audits in advance of potential ownership of real property and environmental issues arising after taking title to 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 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.