Real Estate Litigation


LGWM’s Professional Liability Practice Group provides litigation defense services to real estate professionals, including real estate agents and brokers, title agents, appraisers and mortgage brokers. The attorneys in our Professional Liability Practice Group possess knowledge of the relevant statutes, regulations and case law which govern and impact real estate cases.


Our attorneys have handled hundreds of real estate liability cases. We have successfully defended real estate agents in state and federal courts involving allegations that sellers and their real estate agents failed to disclose known material defects with respect to real property, or have made affirmative misrepresentations regarding the condition of real property. Our attorneys have extensive experience defending title agents in claims for indemnity made by title insurance underwriters and in various other claims arising from real estate closings.


Although the Professional Liability Practice Group is committed to litigating real estate matters through trial, if the circumstances require that, we always seek to obtain a favorable resolution which satisfies our clients’ goal of cost-effective and efficient litigation defense. Our trial attorneys are adept at identifying the core issues in real estate cases and working closely with the client to ascertain whether an amicable resolution can be achieved, or whether alternative dispute resolution or trial is more appropriate.



  • Represented title insurance and real estate agencies statewide in various lawsuits involving alleged violations of the Alabama Uniform Condominium Act.
  • Represented closing agent for major home mortgage company in alleged predatory lending cases filed statewide.
  • Represented real estate agencies in various lawsuits involving alleged "illegal flipping" or "fraud-for-profit" schemes.
  • Represented escrow and closing agent in condominium litigation involving rescission of purchase agreements by more than forty putative purchasers of preconstruction condominiums.
  • Represented mortgage broker in case involving alleged failure to disclose flood zone.
  • Represented property management company in allegations of negligent management and practices.

Department Head

Steve Whitehead