Training Course Syllabus:
Develop Litigation Skills to Match the Caliber of Your Knowledge
Somebody is unhappy with the way a real estate transaction has turned out. Whether buyer or seller, your potential client wants satisfaction – wants you to remedy the wrong. Although you´re probably well-versed in many aspects of real estate law, you´ve not had to litigate one. Do you let a potential client get away because of a lack of knowledge? Of course not. We can get you everything you need to competently - and successfully – litigate these cases.
Our knowledgeable speakers have years of experience litigating these claims and are willing to share the secrets to prevailing during real estate litigation. Get important fundamental information by examining the types of real estate litigation. Find out who the players are and the complicated combinations the different parties represent. Set the stage for success with proactive pretrial strategies. Make a compelling case with high-impact courtroom skills. With our techniques, you can establish a foundation for success.
- Confidently take on purchase and sale agreement cases.
- Be prepared to decisively handle construction and mechanics´ lien disagreements.
- Know exactly what the broker´s legal obligations are to the client.
- Get the most out of your expert witnesses to give your case a boost.
- Judicial or jury trial? Get the pros and cons so you can best choose.
- Make an impact with memorable trial documents.
- Bolster your chances for success with power-packed trial techniques.
- Cover the next step: what to do in case of appeals.
- TYPES OF REAL ESTATE LITIGATION
9:00 - 10:15, Gregory C. Mollett
- Purchase and Sale Agreement Litigation
- Foreclosure Litigation
- Leasing Disputes
- Title Insurance and Escrow Litigation
- Partition and Quiet Title Actions
- Construction and Mechanics´ Lien Dispute
- LITIGATION ISSUES ARISING IN REAL ESTATE TRANSACTIONS
10:30 - 11:45, Paul F. Devine
- Buyers vs. Sellers
- Buyers vs. Real Estate Agents
- Sellers vs. Real Estate Agents
- PRETRIAL CONSIDERATIONS IN REAL ESTATE LITIGATION
12:45 - 2:00, J. Vincent Keady Jr.
- Framing the Pleadings, Typical Responses and Motions
- Evaluating the Case, Legal Theories and the Evidence
- Discovery, Interrogatories, Depositions and Affidavits
- Summary Adjudication of Contract Disputes Under Rule 74.04 MRCP
- ETHICAL CONSIDERATIONS IN REAL ESTATE LITIGATION
2:15 - 3:15, Paul F. Devine
- Multiple Party Representation and Conflicts of Interest
- Duty to Make Meritorious Claims and Contentions
- Attorneys´ Fees
- TRYING THE REAL ESTATE CASE
3:15 - 4:30, J. Vincent Keady Jr.
- The Trial Process
- Jury Trial
- Bench Trial, Briefs, Requests for Findings and Rulings, Proposed Orders