Litigation

There are times when we are confronted with determining what is our “BATNA” – Best Alternative To No Agreement. In evaluating our choices, the prosecution or defense of litigation is an alternative whereby the parties, confronted with an intractable problem that they are unable to successfully resolve on their own, turn to our judicial system. While litigation can be time-consuming and expensive, it may be the most effective way to seek the appropriate remedy or resolution to a disputed claim.

We do not limit our practice to one side. Rather, our firm represents both plaintiffs and defendants. By representing plaintiffs in some cases and defendants in others, you gain perspective and can better evaluate and exploit the strengths and weaknesses of a case. You also have a better sense of what a neutral decision-maker, like a judge or jury, is likely to think and will find persuasive. We believe that, by representing both plaintiffs and defendants, we can be better advocates and counselors for our clients, on whichever side they may find themselves.

An aggressive, well-planned strategy is the key to any successful litigation, arbitration or mediation. As resourceful and creative negotiators, we expend our efforts to resolve seemingly intractable disputes in the best interests of our clients. At PRICE LAW FIRM, we attempt to develop and implement strategies that will place our clients in a position of strength, thereby enabling a successful and early resolution of disputes.
 

Through regular client involvement and communication, a course of action is planned within a client's budgetary constraints. By limiting our litigation practice to real estate and business matters, we provide our clients with the cost efficiency and immediate answers that come through prior knowledge and experience in these specific areas of law. With this knowledge, we can often avoid unnecessary and costly delays in our attempts to secure a positive outcome.

As a trial attorney, Mr. Price has been privileged to represent clients in numerous litigation matters through trial. He is experienced in state court litigation at the trial court and appellate level, and in federal litigation, including bankruptcy court litigation. During his past 25 years of experience in the area of real property law, Mr. Price has prosecuted or defended civil lawsuits in most areas of real estate related litigation concerning the following types of matters:

•Real Estate Purchase and Sale Agreements

        ◦Specific Performance and Contract Enforcement

        ◦Damage Claims for Breach of Contract

        ◦Escrow Deposit Disputes

        ◦Rescission and Accounting Remedies

•Real Estate Brokerage Practice and Fiduciary Duties

•Injunctions and other Equitable Remedies

•Real Estate Finance and Foreclosure Litigation

        ◦Judicial Foreclosure

        ◦Non-Judicial Foreclosure Litigation between Lender and Borrower, Loan Servicing Agents and/or Foreclosure Trustees

        ◦Usury, Truth-In-Lending Litigation (TILA and Section 32 claims) and Mortgage Broker Liability

•Professional Liability

•Co-Ownership Controversies

        ◦Partnership Dissolution

        ◦Partition of Real Property

•Fraudulent Transactions

•Construction Planning and Subdivision

        ◦Development Disputes

        ◦Mechanics Liens

        ◦Construction Defects

        ◦Land Use and Environmental Litigation

•Title, Easement and Boundary Disputes

        ◦Title Insurance and Bad Faith Claims

        ◦Quiet Title Actions

•Condemnation Actions

•Bankruptcy Litigation

        ◦Nondischargeability Litigation

        ◦Relief From Stay Litigation On Behalf Of Secured Creditors

•Business Litigation

•Trust and Will Contests

•Property Management and Loan Enforcement

•Landlord/Tenant: Unlawful Detainers & Evictions

        ◦Lease Disputes

        ◦Office, Retail and Industrial Evictions

        ◦Residential Evictions

•Department of Real Estate Disciplinary Hearings

•Appellate Practice