The Pennington Firm handles all aspects of both residential and commercial Real Estate Transactions and Disputes. From negotiating and drafting the documents necessary to complete a purchase or lease, to handling a dispute from pre-lawsuit negotiations all the way through trial, our Firm touches every aspect of real estate law and has abundant experience representing individuals and businesses in this arena.
Entity and Series Formation
Real estate purchases often require the formation of a new company or companies to provide liability protection for the individual buyers. Understanding how this liability protection works, and the proper ways to set it up to reinforce the protection is critical. Without proper formation, the company formation is not worth the paper the formation is written on.
The Pennington Firm has extensive experience in forming companies, series companies, and advising on structuring holding and operating companies to facilitate the liability protection goals of our clients in the real estate field. Contact our Firm today to discuss your real estate purchase goals and figure out the best way to accomplish these goals.
Real Estate Lawsuits
From disputes that can be resolved without filing a lawsuit to taking a case form inception all the way through trial, The Pennington Firm has the experience and the skills real estate clients need when facing these issues. Our firm draws from its trial and litigation experience to counsel clients when a dispute arises. Our goal is to try and leverage our understanding of the intricacies of real estate litigation to help clients spend less money on legal fees and try to reach a solution that is best.
When real estate fights move past negotiation and into litigation, our Firm’s resume of complex real estate disputes gives us the depth needed to creatively tackle any real estate case and determine the most effective way to prosecute or defend the claim. From steering the discovery and deposition process, to setting up or defending a motion for summary judgment with many of the complex legal issues surrounding a real estate lawsuit, The Pennington Firm has seen it, and is prepared to handle it.
When cases do end up making their way all the way through litigation and into a final trial, The Pennington Firm has the trial experience and passion for the courtroom needed to successfully argue these cases in front of judges and juries. The Firm’s trial background adds a different element to the litigation process for our clients and ultimately gives our clients an advantage over their opponents.
Real Estate Investments and Investor Fraud Lawsuits
Investments in real estate are always risky and properly negotiating terms and structuring agreements on the front end is critically important to protect your investment and return. Additionally, sometimes these opportunities go south due to improper activity by the managers of the investment fund. The Pennington Firm has wide-ranging experience pursuing real estate investment fraud claims on behalf of investors who were taken advantage of. Unique issues come up in these cases, and having a firm that understands both the formation of an investment opportunity as well as the mechanics of a well run investment fund is paramount when investigating a potential investment fraud case.
If you need to review investment agreements or advice on an investment that has gone bad, please contact our Firm and let us take a look at your case.
Agent and Broker Representation
Within the world of real estate transactions real estate agents and brokerages get drawn into fights between buyers and sellers. Because of our vast experience representing individuals and companies in residential and commercial real estate transactions The Pennington Firm has also represented many agents and brokerages in real estate lawsuits. Frequently the agents have little or no liability, but without adequate representation by a firm who understands the intricacies of real estate disputes and the agent’s relationship to those disputes, you could end up spending time and money in a fight where you don’t belong.
The Pennington Firm understands the legal relationship between agents, brokers, and real estate transactions. As a result, our Firm is the firm best suited to successfully advise and represent agents and brokers when they are brought into fights over real estate transactions.
Sellers’ Disclosures Issues
Texas residential real estate contracts require that the sellers of a home disclose any ‘known’ defects such as faulty plumbing, cracking foundation, or damaged electric wiring to the buyers. Unfortunately, this doesn’t always happen and although buyers believed they were purchasing their dream home, it turned out their new home is riddled with major problems.
The issues surrounding sellers’ disclosure problems are unique and many lawyers, real estate agents, and even parties to their own real estate contracts do not realize what specific acts actually violate the sellers’ disclosure clause of residential real estate contracts. The Pennington Firm is well versed on these issues and has counseled many buyers on whether they should pursue sellers for violations of these clauses, or whether the buyer would be better off financially spending their money on repairs instead of legal fees.
The foreclosure process in Texas is highly technical and requires strict adherence to the laws and rules governing the procedure. One false move and you could open yourself up to a wrongful foreclosure lawsuit which could lead to a monetary judgment against you and other civil penalties. This becomes especially more complex if there are terms in your sales and purchase agreement that create a ‘lease to own’ situation with the purchaser.
The Pennington Firm represents creditors in commercial and residential foreclosures and has extensive experience foreclosing within complex purchase contracts and lease to own arrangements. Our work in these unique situations gives our Firm an advantage when moving for foreclosure for a residential or commercial tenant.
Drafting Commercial and Residential Leases
Most problems coming out of a lease stem from problems that were not adequately considered when the lease was drafted. Our team at The Pennington Firm has vast experience negotiating, drafting, defending, and challenging both commercial and residential leases.
Often, the earlier we get involved, the more effective our Firm can be. Whether that be in the negotiating and drafting process, or the pre-litigation advisement process, hiring our Firm early will pay dividends for you and your interests in the long run.
Preparing Closing Documents
From advising on transactions to preparing your entire closing package, The Pennington Firm brings experience in traditional and unconventional real estate transactions to the negotiating and drafting table. Our Firm has a reputation for structuring unique real estate transactions on the buyer, seller, and side of the deal. This extensive array of experience means The Pennington Firm can tap on previous clients and matters to provide invaluable advice for clients when buying, selling, or transferring property.
Additionally, The Pennington Firm has spent years defending and prosecuting real estate claims in court. As a result, we bring the foresight of experienced real estate trial lawyers to the negotiating table. This helps our client position themselves in the strongest position possible so that if the other side creates problems in a contract, you are protected.
It is rare to find a firm that can handle both the deal and the fight in real estate, but The Pennington Firm brings the right mix of skills and expertise to every transaction and lawsuit.