Home > Practice Areas > Litigation & Dispute Resolution > Real Estate Litigation
Real estate disputes put more than money at stake — they put specific, often irreplaceable assets at risk. A failed closing, a contested lease, a clouded title, or a construction project gone wrong can tie up property and capital for years if handled poorly. Kaufman & Hilbert PC represents owners, investors, developers, landlords, tenants, and businesses in real estate litigation in state and federal courts. Based in Alpharetta, Georgia, and serving clients nationwide and internationally, the firm pairs experienced litigators with colleagues who structure real estate deals for a living — the combination of courtroom skill and transactional fluency that complex property disputes demand.
Property disputes reward counsel who understand both the documents and the dirt. Our real estate litigators handle matters including:
When a deal collapses — a buyer walks, a seller refuses to close, a disclosure proves false — the remedies can include damages, return of deposits, or specific performance compelling the sale itself. We litigate failed transactions on both sides, drawing on the deal experience of our real estate transactions practice to dissect contracts, contingencies, and closing obligations.
Commercial leases are long, dense, and consequential. We represent landlords and tenants in disputes over rent and operating expenses, maintenance and repair obligations, options and renewals, defaults, and early termination. Our goal is to protect the income stream or the location — whichever your business depends on.
Few problems are more frustrating than discovering your rights in your own property are contested. We handle quiet title actions, boundary disputes, easement and access conflicts, and claims arising from defective conveyances — clearing the way for sales, financing, and development.
Our real estate litigation clients include commercial property owners and investors, developers, landlords and tenants, lenders, family and partnership co-owners, and businesses whose operations depend on real property. Some hold a single contested asset; others manage portfolios across multiple states. All get the same thing: senior litigators who treat their property as the significant asset it is.
Robert J. Kaufman secured a Georgia Supreme Court affirmance for a purchaser whose sellers breached a real-estate sales contract. The Court upheld partial summary judgment for Kaufman’s client, confirming that the sellers could not evade liability by pointing to an earlier sales agreement or by challenging the contract’s property description. Sackett v. Wilson, 258 Ga. 612, 373 S.E.2d 10 (1988)
Robert J. Kaufman helped secure a Georgia Supreme Court affirmance for the Schwall estate, defeating an ejectment claim where the plaintiff could not show that the estate was wrongfully withholding possession of the property. The decision underscored a fundamental property-law principle: ejectment is unavailable when the claimant is already in undisturbed possession. McNeil v. Schwall, 236 Ga. 109, 223 S.E.2d 80 (1976)
"*" indicates required fields
Senior-Led Representation. Experienced real estate litigators manage your dispute from evaluation through resolution.
Full-Service Strategy. Litigators work alongside the firm’s transactional real estate and corporate attorneys for complete coverage.
Nationwide & International Reach. We handle property disputes for clients across the country and internationally.
Responsive, Practical Counsel. Strategy measured against the value of the asset — the fight should never cost more than the property is worth.
Case Evaluation
We review the contracts, deeds, leases, title work, and correspondence at the heart of the dispute and assess your rights, remedies, and realistic outcomes.
Strategy, Pleadings & Response
We craft a plan around the asset — preserving it, recovering it, or monetizing the claim — and execute through precise pleadings or a swift defense.
Discovery & Motion Practice
We develop the documentary and expert evidence property cases turn on and use motion practice to narrow issues and create leverage.
Resolution
We resolve disputes by negotiation, mediation or arbitration, trial, or appeal — guided by what best protects your investment.
Real estate litigation covers disputes over the ownership, use, sale, leasing, development, and financing of real property — from failed closings and lease defaults to title conflicts and construction claims.
Sometimes. Because real property is considered unique, courts may order specific performance — compelling a sale rather than merely awarding damages. Availability depends on the contract, the facts, and the jurisdiction.
Start with the lease. Review notice and cure provisions, document the issue, and avoid self-help remedies that can create liability. Counsel can often resolve lease disputes before default or eviction proceedings.
Typically through a combination of title research, surveys, negotiation, and, where necessary, quiet title or declaratory actions that produce a court ruling establishing ownership and boundary lines.
When real property is at stake, the right counsel protects both the asset and your position. Call Kaufman & Hilbert PC at +1-770-299-0792 or email of****@************rt.com (General Inquiries), in****@************rt.com (New Client Consultation) to schedule a consultation with our real estate litigation attorneys.
"*" indicates required fields
You're about to use our sticky note tool to submit website requests to our team. Click the "Accept" button to download a cookie that will authorize you to see and use the tool on this device.
To leave a Sticky note, click the comment button and then click anywhere on the page.
We couldn't activate the sticky note tool. Please reload the page and try again — if it keeps happening, let your site contact know.