Real Estate Litigation


Jason’s experience in real estate and land development litigation has involved both residential and commercial real estate transactions, and the representation of buyers, sellers, and realtors.  In his career, Jason has had the privilege of representing a large, local real estate broker and its realtor/agents in civil litigation and in matters before the Kentucky Real Estate Commission.  He has represented buyers and sellers of high six and seven figure residences in breach of contract claims as well as fraud and misrepresentation claims. 

Among other things, Jason has represented a residential and commercial land developers in litigation and in efforts to resolve disputes without litigation, defended a high-end custom homebuilder in litigation against realtors and against adjoining landowners in conjunction with the construction and sale of its homes, and spent several years prosecuting eminent domain lawsuits on behalf of a local urban housing authority to secure land for new public housing.

Representative engagements in this area include the following:

  • Defense of land developer against claims of fraud and negligent misrepresentation in conjunction with the sale of a sloped residential lot.
  • Defense of a custom homebuilder against claims asserted by neighboring landowner asserting trespass and nuisance based on privacy berm constructed on homebuilder’s lot by third neighbor pursuant to easement granted by homebuilder.
  • Representation of landfill owner in boundary dispute with adjacent commercial properties.
  • Defense of seller of luxury home against buyer’s claims of fraudulent and negligent misrepresentation of home condition regarding windows and EIFS cladding.
  • Defense of seller of high-end home against claims of fraudulent and negligent misrepresentation of condition of window wall in great room.
  • Defense of general contractor against sub-contractors’ claims of non-payment.
  • Representation of landowners in declaratory judgment action to establish right of access to public road.
  • Representation of landowner to enforce terms of easement.
  • Representation of homeowners in foreclosure proceedings, including exercising statutory right of redemption following judicial sale.