Real Estate Development

Kercsmar Feltus & Collins handles all types of real estate disputes. The firm’s lawyers are consistently recognized for their excellence in handling real estate disputes. Acquisitions International recently ranked the firm in the “Best Real Estate Disputes Lawyer – Arizona.” Land purchases and leases are different than other commercial disputes because the property at issue is nearly always unique. For this reason, real estate disputes typically involve requests for temporary restraining orders and other types of injunctive relief, procedures with which Kercsmar Feltus & Collins has a wealth of experience.

Representative Cases

• Successfully represented individual investors in arbitration against one of the largest condominium developments in Maricopa County
• Represented a real estate development consulting company in a dispute involving a planned 800-acre mixed-use development project
• Represented Arizona hospitality and real estate investment corporations in derivative action brought by minority shareholder related to alleged corporate freeze-out and misappropriation of corporate funds
• Defended several Arizona corporations against allegations of securities fraud
• Represented a real estate investor in his efforts to challenge covenants and restrictions allegedly governing his property
• Defended a limited liability investment company that purchased land at public auction against a suit challenging the validity of the auction
• Obtained dismissal of all claims asserted by minority shareholder in connection with shareholder dispute of corporation that owned a large parcel of land in northern Arizona
• Represented a national condominium management company in a suit against its competitor which asserted trademark infringement, unfair competition and cybersquating claims
• Obtained dismissal, and award of all attorneys’ fees, for commercial real estate investors in breach of real estate purchase contract and development agreement and related fraud claims
• Obtained summary judgment for large Arizona-based franchisee in a claim brought by competitor for breach of a shopping center restrictive covenant
• Obtained injunction, and award of all attorneys’ fees, for homeowner in case involving breach of homeowner association CC&Rs
• Obtained summary judgment, and award of attorneys’ fees, for real estate investor on claims asserted by developer partner for improperly terminating development agreement
• Representation of buyers and sellers of real estate purchase contracts
• Representation of landlords and tenants in commercial lease disputes
• Representation of homeowners and HOAs in disputes related to CC&Rs, including initiation of injunctive relief and claims for breach of contract
• Defended a group of real-estate investors against claims asserting that the investors were personally liable on a five million loan
• Successfully defended a group of tenants in common against claims brought by their fellow tenants in common