Real Estate Litigation Civil Litigation: Walter Keane – Keane Law, PLLC
Walter Keane’s career in real estate spans over thirty years, making him a number one consideration for your civil or real estate litigation matter. It began in 1989 at the Cook County Assessor’s Office in Chicago, where he spent years employing appraisal methods to value commercial, industrial, and high-density residential property.
As his career in real estate began to take shape, he decided to attend The John Marshall Law School, sit for the bar, and become an attorney. In 1999, he earned his Illinois law license. Walter joined a small law practice on the South Side. He worked alongside two senior lawyers on various cases, including real estate transactions, title claims, probate matters, and personal injury cases. Walter also handled several real estate transactions and worked with real estate agents, buyers, and sellers.
As an Assistant State’s Attorney in the early 2000s, Walter argued criminal appeals before the Illinois appellate courts. In the civil division, handled real estate litigation and worked with local governments, property owners, and real estate litigators on several real estate disputes. He advised them on real estate tax issues and represented them in court, litigating property values for tax purposes and navigating the complexities of real estate tax law.
In 2001, Walter was hired as a boutique law firm associate to advocate for buyers, sellers, and co-owners in property disputes over value. He met with clients to discuss recent sales, purchases, contract terms, access rights, and red flags, aiming to resolve disputes over property values. He negotiated with local government appeal bodies and helped obtain lower assessments for developers and property owners.
When he moved to Salt Lake City in 2005, Walter joined a small law firm focusing on real estate development. He was lucky enough to draft appeals of land use decisions. Walter opened his practice in 2007, specializing in real estate and civil litigation.
Walter has handled a variety of real estate disputes and civil litigation cases. Sellers have retained him when buyers allege failure to disclose defects in the property. He assists clients in navigating the complexities of these disputes, ensuring their legal rights are protected throughout the process. Real estate agents have also sought Walter’s advice.
His experience also includes actions where one party can force the sale of jointly owned property when the parties cannot agree about its disposition. Walter has represented property owners in condemnation cases, advocating for their best interests and fair compensation from government bodies. He always does his best to work with all the parties and attorneys involved.
Buyers disputes over real estate transactions are common. Walter helps clients resolve these disputes, negotiate settlements, and prevent potential conflicts from escalating into legal action. Zoning matters are another area in which he has represented clients. In a notable case, he sued a land-use authority to enforce zoning ordinances against a competitor.
Sometimes, issues surrounding the duties of escrow officers and salespersons arise. He has handled boundary disputes and several quiet title actions. Walter has filed lawsuits against escrow officers and real estate licensees for breaches of fiduciary duty.
Walter has helped clients navigate issues with local land use authorities, including red tags, revocation of land use approvals, and occupancy. Tax appeals are another area of expertise, where he has represented major property owners, including Walgreens, procuring appraisals and arguing for valuation reductions in order to protect his clients’ financial interests.
Contract disputes are another significant area of litigation for Walter. In one notable case, he defended a developer in a breach-of-contract dispute and participated in a two-day bench trial. He has also represented group homes seeking land use approvals according to the Americans with Disabilities Act.
Walter Keane is a seasoned real estate lawyer with a wealth of experience in handling the complex disputes and transactions inherent in real estate matters. One of the things that set him apart is his versatility; he has negotiated lease agreements for franchises involved in fast-food establishments and car washes, among others, and is adept at navigating complex legal challenges both in the courtroom and outside of it.
His expertise in business licensing has proven invaluable. He has successfully procured licenses for vape shops after municipalities initially refused to issue them due to misinterpretations of state law and land use ordinances.
Additionally, Walter has represented appraisers before the Utah Division of Real Estate. He offers free initial consultations and is committed to working tirelessly to secure adequate legal solutions for clients in disputes involving real estate transactions, safeguarding their rights and interests throughout representation.
Walter is a trusted advisor to property owners, agents, and other parties involved in real estate matters. His experience, understanding of real estate law, and strategic approach ensure that clients receive the best possible representation in all aspects of civil litigation.
Real estate litigation can be a long and arduous process, but Walter has extensive experience handling lawsuits involving real estate, property disputes, and contract disputes. His comprehensive understanding of the litigation process enables him to use that knowledge to his clients’ advantage.
Walter works closely with clients in real estate disputes to understand their goals and develop effective dispute resolution strategies. He is experienced in resolving disputes through negotiation, mediation, and litigation, able to communicate and negotiate effectively with all parties involved to obtain the best results for his clients.
Litigation, Lawyers, and Trial
Real estate litigation involves filing a complaint, serving it on the adverse party, and using discovery tools to answer questions, obtain documents, identify witnesses, and depose necessary parties. This culminates in either a bench or jury trial.
A real estate lawyer must be familiar with the various parties surrounding real estate disputes to truly understand how to find the necessary witnesses and evidence. Of course, real estate agents market and show properties and are often named in real estate litigation. Being familiar with the standard provisions of real estate contracts, understanding the legal issues surrounding the sales contract, and understanding the role of real estate agents are critical when assessing the merits of real estate disputes.
Some of the most common real estate lawsuits involve a contract that one party alleges the other breached. A real estate attorney should be able to review the documents surrounding the purchase and the clients’ claims. Perhaps there is a dispute over the property line, or the buyer’s legal counsel is claiming fraud and demanding a trial.
Types of Real Estate Disputes
Common types of real estate litigation:
- Breach of Contract: A breach of contract may have occurred if the seller fails to follow through with the sale or the buyers walk away. Allegations of fraud are also common. A big part of a lawyers job in cases involving contracts and fraud is explaining the economic loss rule. This is something parties need to understand prior to real estate litigation and it requires knowledgable lawyers to do so.
- Failure to Disclose Known Defects: Buyers are typically provided with the seller’s disclosures, which require the disclosure of known latent defects. This is one of the most common causes of litigation surrounding a breach of real estate contracts.
- Partition Action: Any co-owner of a real estate can file an action to force the division or sale of property. If the property is a home, the courts typically order it sold rather than divided. This is another example of real estate litigation where the assistance of an experienced attorney can help.
- Zoning Disputes: Local land use authorities, like a city or town, have the authority to issue construction permits, agree to development plans, and even deny the use of a property based on property boundaries. An experienced attorney will know how to interact with the land use authority and assess the merits of a party’s controvery.