Common Litigation Issues in Real Estate Contracts (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 2.0 Real Estate Law Practice, 2.0 Trial Practice/Litigation
(Designations Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 10/08/2022


A pre-recorded streaming video replay of the October 2019 webcast, Common Litigation Issues in Real Estate Contracts .

Topics Covered

  • Discover the remedies available to those seeking to enforce real estate contracts, including (i) the availability of specific performance and how it can be employed by both buyers and sellers, and (ii) special rules regarding damages in the context of real estate contracts
  • Find out how to challenge the enforceability of real estate contracts based on lack of mutuality, the doctrine of first material breach, and the failure to satisfy disclosure requirements
  • Examine issues that are frequently misunderstood, such as marketability of title, the merger doctrine, and how the principles of anticipatory breach apply in real estate contracts

Real estate contracts are among the most common contracts that attorneys will encounter in their practice. Although the contracts themselves are often standardized, the issues that arise are frequently complicated, and a knowledge of the basic principles applicable to these contracts can make a great deal of difference in the outcome of a case. Questions involving breach, remedies, and enforceability frequently arise, and are often misunderstood. An understanding of the law in this area often leads to significantly better results for the client.

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John C. Altmiller, Pesner, Altmiller, Melnick & DeMers PLC / McLean

John C. Altmiller is a shareholder in the firm Pesner, Altmiller, Melnick & DeMers PLC since 2008. His practice is concentrated in real estate, real estate litigation, civil litigation, business law, landlord-tenant, collections, and contract law. He has tried cases in state, federal, and bankruptcy courts, and has numerous reported cases. He has been lead counsel in over sixty circuit court trials, and he has also represented parties in proceedings before regulatory boards and associations. Mr. Altmiller graduated from Villanova University in 1988 and received his law degree from George Mason University in 1992. He is the former co-chairman of the Real Estate Section of the Fairfax County Bar Association. He has been a speaker at many continuing education seminars throughout Virginia in the areas of real estate and litigation.

Michael E. Derdeyn
, Flora Pettit / Charlottesville

Michael E. Derdeyn is with Flora Pettit in Charlottesville. His practice focuses on the areas of commercial and real estate litigation, employment law, and general business law. He also serves as general counsel to a number of local businesses.

Mr. Derdeyn’s litigation experience includes litigating claims for individuals and for businesses in state and federal courts in the areas of commercial litigation, real estate, construction, employment, and landlord-tenant law. He has litigated and resolved matters involving partnership and shareholder disputes, trade secrets violations, fraud, business torts, defamation, tortious interference with contract, breach of contract, wrongful termination, discrimination, violations of the Uniform Commercial Code, violations of the Consumer Protection Act, real property disputes, and trust and estate matters, among others. He also has successfully handled numerous injunction actions for employers seeking to restrict competition by former employees. He has been reported in cases in the Virginia Supreme Court and in the United States District Court for the Western District of Virginia.

Mr. Derdeyn’s business law experience includes representing and providing legal advice to a number of local companies in a broad range of industries, including media and entertainment companies, automobile dealerships, construction companies, property managers, and developers.  He advises his clients on shareholder and partner conflicts.  He also provides contract drafting, contract negotiation, and employment counseling services.

Mr. Derdeyn also devotes time to providing advice and litigation services to residential and commercial property owners in landlord/tenant matters.

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