Notwithstanding
their inability to qualify, the buyers sued Ashland Homes for
breach of contract and placed a lis pendens on the properties
in question. This impaired the ability of Ashland Homes to convey
the homes to qualified buyers, homes which by now were either
completed or close to completion. Our firm's philosophy is to
listen closely to our clients and to achieve the results they
desire on the time frame desired. It was clear from listening
to Ashland Homes that they needed a quick resolution of their
claim, both because they had other buyers waiting in the wings
and because every week their homes remained off the market they
lost money and the ability to take advantage of a hot real estate
market.
An
early mediation was sought from the other side, and only obtained
after a hearing on Ashland Homes' motion to dismiss convinced
the putative purchasers that their positions had weaknesses and
that Ashland Homes had a strong likelihood of prevailing at trial
if forced to take the case through trial. This early mediation
resulted in the party's resolving their dispute, thereby allowing
Ashland Homes to sell both homes at greatly enhanced profits.
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