Michael J. Shortt

Real Estate Litigation Representative Matters

• Represented a real estate brokerage company in connection with a broker liability matter pending in Essex County related to alleged concealment of shoddy construction work, flooding issues, and a natural gas leak in a residential property. Saiber successfully resolved the case at private mediation prior to trial.
  
  
• Represented a real estate brokerage company in connection with a broker liability dispute related to a developer’s failure to construct a new single-family home on a vacant lot in accordance with its contract with Buyer. Buyer brought professional negligence claims against the brokerage alleging false representations in the listing and misleading conduct when meeting with Buyer and developer. Saiber resolved prior to trial on favorable terms at a settlement conference with the Court.
  
  
• Represented a real estate brokerage company, which was named as a third-party defendant in a matter arising out of a failed purchase of a residential property. Saiber successfully negotiated a settlement of the claims against the brokerage on favorable terms.
  
  
• Represented a real estate brokerage company in a matter filed in Bergen County, NJ. Plaintiff alleged that the brokerage and Seller concealed flooding issues in a residential property and conspired to provide a false seller disclosure statement. Saiber successfully resolved at a settlement conference with the Court.
  
  
• Represented a real estate brokerage company in connection with a broker liability dispute related to the Plaintiff’s purchase of commercial property in Morris County, NJ. The dispute centered on alleged misrepresentation in the listing related to the waste water system for the building and Plaintiff’s right to inspect the same. Saiber resolved on favorable terms at mediation.
  
  
• Represented the interests of broker and agent in a disciplinary matter before the Real Estate Board. Successfully resolved the matter via a comprehensive written submission and avoided the need for a factual hearing regarding allegations against the broker and agent.
  
  
• Represented a real estate brokerage company in connection with a broker liability claim related to a transaction in which the Plaintiff alleged he was entitled to take title to the subject property based upon a contract of sale with a landlord. Successfully had the matter dismissed voluntarily by Plaintiff on the eve of a hearing on the brokerage’s motion to dismiss which included a demand for reimbursement of fees under the frivolous litigation statute.
  
  
• Represented a real estate brokerage company in connection with a broker liability claim related to alleged flooding and water intrusion issues at a residential property. The matter was settled at a mediation on favorable terms which resolved all claims of liability as to the brokerage.
  
  
• Represented a real estate brokerage company in connection with a broker liability claim filed in Bergen County, NJ, related to a dispute between landlord and tenant over the sale/lease of a $2.2m residential property. Successfully resolved the matter at mediation on favorable terms for a de minimis amount prior to trial.
  
  
• Representing a real estate brokerage company in connection with a matter is being actively litigated in Hunterdon County, NJ. The matter arises out of the Plaintiff’s purchase of a $1m home which has a private pond formed by a dam. The Plaintiff alleges that she was unaware of statutory obligations related to the maintenance of the dam and that the brokerage and others concealed this information from her prior to closing. Alleged damages are in excess of $1.5m. Matter is being actively litigated.
  
  
• Represented a real estate brokerage company in connection with a Pennsylvania Court of Common Pleas matter which was resolved prior to trial on favorable terms for the brokerage. The Plaintiff’s allegations focused on the brokerage’s alleged failure to comply with pre-closing regulations regarding obtaining certificates of occupancy for a residential property.
  
  
• Represented a real estate brokerage company in connection with a broker liability matter filed in the US District Court of New Jersey related to a wide-ranging litigation filed by a Plaintiff asserting alleged fraud and negligence related to the marketing of a property and eventual foreclosure of the same. Saiber successfully had the matter dismissed on the brokerage’s motion to dismiss and successfully opposed Plaintiff’s motion for leave to file an amended complaint.
  
  
• Representing a real estate brokerage as plaintiff in a contract dispute over unpaid broker commissions related to leasing of multiple commercial properties in New Jersey. The Matter is currently in active litigation.
  
  
• Conducted emergent research on behalf of a real estate brokerage company related to newly enacted real estate transfer fee statute in the State of New Jersey. Research memo was disseminated to NJ agents/brokers for guidance on how to comply with the new statutory framework.
  
  
• Represented a real estate brokerage company in connection with a broker liability matter pending in Hudson County, NJ related to alleged misrepresentations in marketing materials related to a $2m property’s HVAC system. Matter is being actively litigated.
  
  
• Representing a real estate brokerage company in connection with a broker liability matter pending in Morris County, NJ related to alleged misrepresentations in marketing materials related to a sale of vacant land in Mendham. Plaintiff alleges that materials were buried on site at the property and Seller and brokerage conspired to conceal the presence of these materials from Plaintiff prior to closing. Matter is being actively litigated.
  
  
• Representation of Philadelphia broker/agent from a real estate brokerage company in asserting a broker lien on commercial properties in Philadelphia due to unpaid broker commissions.
  
  
• Representation of a real estate brokerage company in a breach of contract dispute with Seller who failed to compensate the brokerage in violation of a listing agreement.  Matter is being actively litigated.