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Damages Real Estate Transactions

Husch Blackwell LLP

Texas Supreme Court Clarifies That Specific Performance Can Include Monetary Relief

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On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in real estate contract...more

Patton Sullivan Brodehl LLP

Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims

The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on.  But some bankruptcy proceedings give birth to complicated agreements that...more

Stikeman Elliott LLP

Abuse of Contractual Right When Renegotiating a Commercial Lease: the Superior Court Rules on Unreasonable Offers by Landlord

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In Grains Boivins inc. v. Élevages St-Georges inc. (2025 QCCS 25), a decision dated January 10, 2025, the Superior Court handed down a decision reminding landlords that they must negotiate with tenants in good faith when...more

Bennett Jones LLP

Bennett Jones Acts for CPKC in Setting Aside "Extraordinary" C$228 Million Award on Commercial Land Deal

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On July 2, 2025, the Court of Appeal of Alberta set aside a C$228 million judgment against Canadian Pacific Kansas City Limited (CPKC) and the Province of Alberta (the Province), arising from a failed real estate transaction....more

Stikeman Elliott LLP

Abus de droit contractuel lors de la renégociation des baux commerciaux : La Cour supérieure se prononce sur les offres...

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A translation of this post will be available soon. Dans la décision Grains Boivins inc. c. Élevages St-Georges inc. (2025 QCCS 25), datée du 10 janvier 2025, la Cour supérieure a rendu une décision rappelant que le...more

Bennett Jones LLP

Annulment Clauses and Good Faith

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The Ontario Superior Court of Justice has recently reaffirmed the importance of good faith—or the lack thereof—and reasonableness in real estate transactions, particularly when disputes arise over title defects, third-party...more

Kohrman Jackson & Krantz LLP

Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale

A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer...more

Segal McCambridge

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

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Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

Bennett Jones LLP

Specific Performance: Not Extraordinary in Commercial Leasing

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In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice...more

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

Bennett Jones LLP

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

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Lessons from Centurion Apartment Properties v Piquancy Enterprises - In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy...more

Tarter Krinsky & Drogin LLP

Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and...more

Mayer Brown

The Misrepresentation of Moths – Lessons from a Yarn

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It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Freiberger Haber LLP

Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department

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In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more

Falcon Rappaport & Berkman LLP

Equitable Fairness: Court Denies Lender’s Routine Motion for Summary Judgment In Commercial Foreclosure Action Finding Issues of...

In a recent decision, the Supreme Court in Queens County denied lender’s motion for summary judgment and appointment of a referee to compute in a foreclosure action, finding triable issues of fact, underscoring the importance...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

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Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...more

Freiberger Haber LLP

Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property

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Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more

Vondran Legal

California Financial Elder Abuse Law in the Real Estate Context

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...Financial Elder Abuse Cases in California in the Real Estate context - This blog provides general legal information regarding the topic of financial elder abuse in California, with a focus on cases involving real estate...more

DarrowEverett LLP

Buyer’s Market? Real Estate Broker Verdict’s Effect on Marketplace

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A recent federal jury verdict in Missouri has gotten the attention of real estate industry professionals around the country. The jury in Sitzer v. National Association of Realtors et. al (Case No. 4:19-cv-00332-SRB) ordered...more

Pillsbury Winthrop Shaw Pittman LLP

Not So Fast: An Option to Purchase Real Estate May Not Always Be Rejected by the Debtor in Bankruptcy

A recent bankruptcy court decision determined that a debtor cannot reject an unexercised option for the purchase of its real estate, raising a potentially significant bar to any debtor extricating itself from an under-market...more

Patton Sullivan Brodehl LLP

Court Gives Guidance On Procedure For Pursuing “Tort Of Another” Damages

In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American Title Guaranty Corporation  (1963) 59 Cal.2d 618.  According to the doctrine, any party who is...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

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