In a case that highlighted the efficiency and proactive approach of Galloway Johnson Tompkins Burr & Smith, Mobile defense lawyer George Gaston secured a dismissal with prejudice for a real estate case in Calhoun County, Alabama. From receiving the case in mid November to the dismissal in December 2024, George and the Galloway team saw the file completed in less than 30 days.
Galloway represented the realtor who served as a dual broker for the buyer and seller of a used single-family residence. The Plaintiff purchaser alleged the residence has foundation problems and other defects. Additionally, the Plaintiff alleged the seller and realtor misrepresented to her the extent to which the residence had been renovated. She initially filed the suit against the seller only, and later she added the realtor as a second defendant. The Plaintiff asserted fraud and misrepresentation claims against both defendants.
The purchase contract contained various “buyer beware” and “as is” provisions, and the closing was contingent on a satisfactory inspection. The buyer voluntarily purchased the residence without an inspection.
George successfully requested the dismissal of claims against our client on the bases the insured’s addition to the lawsuit violated the statute of limitations applicable to fraud/misrepresentation claims, the Plaintiff failed to meet the minimum pleading requirements for fraud claims, and the inclusion of “as is” provisions in the real estate purchase contract precluded the Plaintiff buyer’s “reasonable reliance” on any misrepresentations anyone allegedly made to her.
With Galloway’s result-driven representation, our client was able to avoid costly penalties and exposure. Most importantly, our client can focus on achieving their business objectives, knowing that they successfully partnered with Galloway in this matter.
George Gaston has more than 13 years of civil litigation experience with expertise of the legal issues and venues in Alabama. His Mobile, Alabama, practice includes real estate and title resolution-related matters and has previously represented property owners and lenders when faced with adverse claims which might affect title to their property.
Whether it is a buyer’s or seller’s market, Galloway Johnson Tompkins Burr & Smith provides end-to-end real estate attorney services, strengthened by decades of knowledge, success, and an in-depth understanding of the complex landscape of real estate law. Our experienced real estate attorneys remain dedicated to delivering comprehensive legal solutions tailored to the unique needs of real estate clients.