Parsons Behle & Latimer’s real estate litigation practice team has significant experience litigating all of the many issues that affect real estate and its development including real estate purchase contracts, mechanic’s liens, foreclosures, boundary disputes, construction disputes, HOA litigation, land use and zoning, easements, wrongful liens, condemnations (takings claims and inverse condemnation claims), partitions, fraudulent transfers, lender liability claims, and landlord/tenant disputes. Our attorneys have successfully handled these matters in state and federal courts at both the trial and appellate level.
Parsons' real estate litigation attorneys have extensive experience representing title insurance underwriters and title insurance agencies in every aspect of their businesses, including title and escrow disputes and insurance coverage issues. Our attorneys also have vast experience representing lenders, mortgage servicers and related financial entities in all areas of mortgage-related law.
Parsons’ real estate litigation practice team recognizes that a lawsuit, and the reasons for it, can be a serious impediment to the success of a project. We have the resources necessary to resolve such disputes in a prompt and effective manner and the knowledge and creativity required to find unique solutions to our clients’ problems.
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Breach of Contract Dispute
Drafted summary judgment motion arguing no breach of contract because purchase and sale agreement was timely terminated. District court denied, finding a factual dispute as to whether an oral agreement prior to execution of the contract redefined due diligence period. Filed reconsideration motion arguing Idaho law does not permit oral modification of a nonexecuted contract. District court ruled in our favor on reconsideration and judgment ultimately entered for our client.
Defended Real Estate Company from Fraud Allegations
Represented a real estate agency of Keller Williams being sued by a purported purchaser of real estate for breach of the duty of care and fraud in the handling of a transaction with a claim in excess of $800,000. Damages against the client were reduced to $12,500 – less than the settlement offer, while the seller was assessed damages and punitive damages in excess of $750,000, some portion of which will be trebled.
Idaho Supreme Court – Successful Trial Verdict and Successful Appeal
Parsons Behle & Latimer represented a cattle rancher who brought claims against a neighboring rancher for property damage, trespass, fence construction costs (Idaho Code section 35-103) and intentional driving of cattle onto the client’s land to graze without compensation. Parsons also successfully defended against the neighbor’s counterclaims, including a claim for prescriptive easement across the client’s lands. As the Supreme Court put it “This litigation stems from the contentious relationship between adjacent landowners over subjects as old as the American West: land, cattle, and fence lines.” On appeal, Parsons successfully obtained a reversal of the District Court who failed to award overgrazing damages, and successfully defended against the defendants’ issues raised on appeal.