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Real Estate Litigation

Representing Buyers and Sellers in Residential Commercial Real Estate Litigation

Real Estate Litigation

As a litigation attorney who does transactional work as well, Mr. Zitesman has been handling a wide range of cases involving real estate on behalf of plaintiffs and defendants for over 20 years. The reason why this unique law practice combination of transactions and litigation is beneficial to clients in either category is because of the heightened awareness of the what happens in either situation. By understanding transactions, Mr. Zitesman has deeper insights to apply to litigation cases. Likewise, by having extensive experience with real estate litigation, transactional clients benefit by the understanding of the importance of the words in real estate purchase contracts.

Real Estate Litigation cases in which Mr. Zitesman has been an advocate have included the following areas of real estate law:

  • Real Estate Fraud, such as failure to disclose defects during a residential real estate transaction – please read the article on Real Estate Fraud in Residential Transactions [link]
  • Breach of Real Estate Purchase Contract, such as when a buyer refuses to perform by not buying [link to article]
  • Disputes over damage and destruction to property prior to the closing
  • Easement disputes regarding rights of one party over another party’s land
  • Neighbor disputes
  • Adverse Possession where one party claims to have acquired an ownership interest by the use of another party’s land
  • Lease with option case determining rights of a holdover tenant and the landlord
  • Real Estate Agent commission disputes decided through arbitration at the Columbus Realtors
  • Specific Performance when a seller refuses to sell
  • Farm Lease dispute regarding the rights of farmers to crops


Helpful tips for litigation clients:

  • Save all documents and emails related to the events surrounding the case
  • Don’t put anything about the case on social media!
  • Time is not your friend. If you think you have a claim, call Mr. Zitesman to discuss it.
  • If you think you have been a victim of a seller not disclosing defective conditions on the Residential Property Disclosure Form, you will need to be able to prove the seller actually knew about the defect, failed to disclose it, and that you could not find it with a reasonable inspection. Please feel free to call Mr. Zitesman if you have any questions about how to prove the knowledge of the seller. [link to article]
  • Real life litigation is not like you see on TV. Litigation cases are almost always time consuming, expensive, and unpredictable. Even if you think you have a rock-solid case, a judge may not agree.
  • Find the right attorney for you. Litigation cases are very challenging so you will want an experienced attorney to guide you through the process. It is perfectly acceptable to call several attorneys to find the one for you.


When it comes time to find the right attorney for your real estate litigation, consider James A. Zitesman, Attorney at Law.

Call 614-799-9494 for a free, no obligation, phone consultation to discuss your real estate litigation matter.

Hourly Fee Information

Traditional Hourly Fee with Retainer:  For all work performed on an hourly basis, the rate is $300 per hour, billed in 6 minute increments. Non-Litigation/Transaction work requires a retainer of $1000, Litigation work requires a retainer of $3,000.   Retainers are deposited in the attorney trust account from which the hourly fee is withdrawn. Legal Services Contracts are signed with every hourly fee client.

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Disclaimer:    James A. Zitesman is licensed to practice law in Ohio only. The information contained on this site does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to accuracy or completeness. Transmittal of information from this site or any use of electronic mail is not intended to create or establish an attorney-client relationship between Mr. Zitesman and anyone else. Readers should not act on this information without seeking legal counsel. Do not send information until you speak with Mr. Zitesman and receive authorization to send it. If any communication from this site is not in conformity with the rules and regulations of any state governing lawyer conduct, Mr. Zitesman will not accept representation which is based on such communication. Mr. Zitesman is licensed to practice law in Ohio only. The hiring of a lawyer is an important decision that should not be based solely upon this or any website.    Copyright 2015.