The Ponist Law Group represented a commercial real estate brokerage company, its designated broker, and its agent in a dispute in which plaintiff real estate investors alleged fraud, breach of fiduciary duties and conduct falling below the standard of care. After a two-week trial, the Ponist Law Group obtained a complete defense verdict, absolving their clients of any wrongdoing.
In the matter of WA Southwest 2, LLC v. First American Title Ins. Co. (2015) 240 Cal.App.4th 148, investors in a real estate deal alleged that their broker had made material misrepresentations and committed fraud. Specifically, the investors alleged that their broker had represented that the property had been subjected to a thorough due diligence review and that the sales load would be less than 10%.
The Ponist Law Group represented a school serving special needs students against lessor attempting to terminate school’s lease.
A judge has ruled an Allied Gardens school, which caters to special needs students, will be able to stay at its location until 2021, despite objections from the San Diego Unified School District.
In May, Excelsior Academy filed a lawsuit against the SDUSD, claiming the district violated the terms of the school’s lease when it told administrators to vacate their location by March 2018.
The SDUSD sold the property to the Islamic School of San Diego for $2,775,000 in February.
“The reason the school district did not want Excelsior to stay in the property longer, as far as we understand it, is that they received a notice from the Islamic School of San Diego requesting that we be thrown out, or Excelsior be thrown out,” said Sean Ponist, the attorney for Excelsior.
This article discusses how real estate agents, brokers and sellers can minimize their liability for the unintentional disclosure of inaccurate information by attributing the source of the information.
This article discusses the recent Greenwich decision which has opened the door to the recovery of lost profits, but just slightly.
"In many transactions, the seller requires that the buyer pay earnest money in the form of a non-refundable deposit. The deposit is one way the buyer can communicate to the seller that he or she really means business.
"The law is clear that a party is entitled to seek equitable indemnity against negligence claims alleged against it. Similarly, the law is clear that a party is not entitled to indemnity against fraud, intentional torts and other torts for which the application of indemnity would violate public policy.
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Recent Posts
- Sean Ponist will be Moderating a Discussion with the Honorable Charles F. Haines and Staff Attorney Olga Grecova of the San Francisco Superior Court on the “State of the Real Property Courts” October 1, 2025
- Sean Ponist will be Moderating a Panel Discussion on “Significant 2024 Real Estate Cases” on January 21, 2025 January 13, 2025
- Sean Ponist, Chair of the Real Property Section of the San Francisco Bar Association, will be Moderating and Presenting a Legal Education Seminar on “Successfully Arbitrating Real Estate Cases” on May 17, 2024 May 10, 2024
- PLG Attorney Sean Ponist will be Presenting at the Appraisal Institute’s 2024 Spring Litigation Conference on May 10, 2024 May 3, 2024
- PLG Attorney Sean Ponist to Present on “Broker/Agent: Failure to Disclose and Agency Issues” on April 30, 2024 April 17, 2024
- PLG Attorney Sean Ponist to Present on “Successfully Mediating Real Estate Case” on September 28, 2023 September 20, 2023
- PLG Attorneys Sean Ponist and Cary McReynolds to Lecture on Rescission of Real Property Transactions on September 15, 2023 September 6, 2023
- The Ponist Law Group Obtains $8.85 Million Settlement for Clients August 17, 2023