Positive Results Obtained for Homebuilder Client

While we are known as primarily a personal injury, family law, and bankruptcy firm, our firm also handles commercial litigation matters on occasion, including contract and real estate disputes. One such client of our firm is Ashland Homes, LLC, whom Bill Sublette has represented on various matters through the years. Ashland Homes builds 50-100 homes per year and recently retained our firm to assist it in working out a dispute with two speculative buyers who had bought Ashland homes in the hope of profiting from the real estate craze, but who were never able to qualify for loans.


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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