Practice/Industry Group Overview
Wilson Elser’s broad Professional Liability practice includes litigating disputes throughout the United States on behalf of real estate brokers, appraisers, trust deed servicing agents, surveyors, title abstractors and home inspectors, among other industry professionals. We understand the complex issues facing real estate professionals at every stage in the acquisition or sale of real property and are keenly aware of the scrutiny and myriad challenges real estate professionals deal with every day in today’s market. Our team includes senior trial attorneys with decades of real estate E&O defense experience, as well as partners who have managed hundreds of E&O claims on behalf of large, national brokerage firms.
As a large law firm with substantial real estate, land use and zoning capabilities, Wilson Elser has the experience and deep bench required to represent real estate professionals, from simple residential closings to the most complex transactions.
The real estate market crash that began in 2008 has been devastating to many Americans, and no less so to the real estate professionals who serve them. By one recent estimate, the drop in real estate prices following the credit crash resulted in a 40 percent loss of the total equity holdings of the middle class, a loss that had yet to be reversed as of June 2012. With that backdrop, commercial and individual claimants who have been disappointed with real estate transactions increasingly look for scapegoats, claiming “misrepresentations” and errors by the professionals who aided them.
As a large law firm with substantial real estate, land use and zoning capabilities, Wilson Elser has the experience and deep bench required to represent real estate professionals, from simple residential closings to the most complex transactions. From commercial leasing, loans, mortgages and environmental due diligence to cooperative and condominium conversions and sales, our attorneys’ extensive experience in the insurance and real estate industries results in spot-on analysis of liability and exposure and allows us to quickly formulate effective resolution strategies.
We leverage our experience to provide informative articles and practical preventive advice. Wilson Elser attorneys write on real estate topics and have answered nationwide telephone and Internet loss assistance hotlines for real estate professionals, providing advice on how to avoid claims and giving loss-prevention recommendations.
We can draw on the resources of a national firm with offices in 24 cities across the country to respond to issues concerning the real estate industry. We understand the brokers' relationships with their clients, co-brokers, employees and licensing authorities. Wilson Elser’s experience in the industry has resulted in the assemblage of an extensive network of expert consultants we access for advice as well as expert witnesses services. Our goal is always to satisfy our clients, and we employ all tools available toward that end.
Wilson Elser assists real estate professionals in licensing and regulatory matters. We also help them through the complex contractual issues that are attendant to business formations, combinations and agency agreements.
The distinctions between private real estate financing agreements and securities have become blurred in recent decades through the creation of new mechanisms to fund developments. Wilson Elser can explain the pitfalls and opportunities of these arrangements to our real estate clients and help formulate unambiguous contract language.
In conjunction with our national Toxic Tort practice, we can also help deal with the discovery or allegation of toxic exposures on property that were unknown at the time of purchase.
From regulatory to transactional to business disputes, Wilson Elser’s large contingent of experienced Real Estate attorneys provides a one-stop solution to the legal challenges faced by real estate professionals, from the individual broker to the largest national firms.