Real Estate Litigation

Robert Badger knows and respects that when dealing with a property dispute, the stakes can be high and the results can be long lasting.  He has devised and implemented winning strategies in real estate issues arising from negligent and fraudulent sellers' disclosures, inaccurate or misleading environmental site assessments, land use and planning appeals, condominium disputes, and landlord tenants disputes.  

The depth of experience Mr. Badger gained in these matters allows him to bring unique perspectives to the problem of dividing or maintaining marital real estate, which often presents one of the most difficult elements in a couple's property division.

REAL ESTATE LITIGATION

Bennett v. Chung​, 2015 Haw. App. LEXIS 614 (2015). Secured and confirmed an arbitration award in favor of purchasers of a residence who relied on sellers’ inaccurate disclosures about the condition of the property, and then discovered structural defects after closing. Matter is currently on appeal.

Hawaii Motorsports Investment, Inc. v. Bureau Veritas North America, Inc.​, 2010 U.S. Dist. LEXIS 89760, Civ. No. 09-00304 SOM BMK, and F. Supp. 2d 1192 (2010). Secured four partial summary judgments and an award of attorney’s fees and costs for an environmental consultant accused of issuing an inaccurate Phase 1 environmental assessment of an industrial property.

 

In re Hokulani Square, Inc.​, 413 B.R. 706 (2009). Represented attorney in a lien priority dispute who was accused of vicarious liability arising from a partner’s misrepresentations and failures to disclose.

Kapihe v. Mark Development, Inc.​, Case No. 1RC04-1-1574 (2005), ​affirmed​, 2008 Haw. App. LEXIS 217, ​affirmed​, 117 Haw. 355 (2008). Secured judgment of triple damages and attorney's fees against landlords who committed unfair and deceptive practices while operating a low income housing development.

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