real estate

Property ownership is often one of the largest investments people make in life, and as such, disputes can arise that result in litigation.  Whether the property owner is an experienced investor or corporation, or a first-time homeowner, protecting the value of and rights to that property is critical. Issues can range from disputes in transactions and development to conflicts among co-owners or between landlords and tenants. The high stakes can rapidly escalate a simple contractual dispute to threats of lawsuits, liens, foreclosures and injunctions, often overshadowing more practical solutions.

Flowers Davis Real Estate Litigators are adept at seeking remedies out of court when a properly-worded letter or well-timed phone call will be more effective than suing for damages or injunctive relief.  We have also met client objectives through mediation and negotiation. At the same time, we have a successful track record of prosecuting and defending property owners, investors, developers, builders, homeowner’s associations, landlords and tenants in a broad range of real estate-related conflicts, including:

• Real estate sale contract disputes; disputes involving claims of breach of contract, breach of warranty, misrepresentation and Deceptive Trade Practices Act (DTPA) claims
• Disputes arising under purchase and sale agreements, option agreements, development agreements, and land use laws and regulations
• Disputes relating to real estate brokers and agents involving their legal and fiduciary duties
• Disputes between landowners and general contractors, subcontractors and related liens
• Title disputes: easements, boundary lines, adverse possession, quiet title, trespass, nuisance and other title disputes and actions
• Litigation involving premises liability and damages to land
• Receivership actions
• Business agreement disputes, workouts, foreclosures, trustee’s sales, collection, deficiency actions, and bankruptcy including motions for relief from stay
• Commercial and residential lease disputes, landlord-tenant, liens and eviction proceedings
• Homeowner’s Association disputes related to covenants, conditions, and restrictions
• Interpretation and litigation involving the construction and enforcement of POA documents
• Eminent domain, condemnation hearings and trials in state and federal courts
• Valuation disputes and partition proceedings
• Subsurface rights and disputes relating to water and minerals
• Forcible Entry & Detainer Suits to assist lenders in obtaining possession of foreclosed property when previous owners fail to vacate the premises

The Flowers Davis Real Estate Litigation Section, operating out of our Tyler office, is spearheaded by Senior Partner Celia C. Flowers, who is Quadruple-Board Certified by the Texas Board of Legal Specialization in the areas of Real Estate Law, Oil & Gas Law, Civil Litigation and Property Owners Association Law. Celia owns title companies in the East Texas area and is a frequent speaker and trainer certified in Realtor MCE and Attorney CLE courses in the areas of real estate and oil and gas matters.