November 2025

Dana A. Gittleman, Esq., Estelle Kokales McGrath, Esq. &

Christopher B. Block, Esq.

We are excited to announce the reinvigoration of our Real Estate Professional Liability defense team, servicing clients in eight states including Delaware, Florida, Maryland, New Jersey, New York, Ohio, Pennsylvania and West Virginia.

Our Real Estate E&O Liability Practice Group represents real estate professionals and related service providers in high-stakes civil litigation across a wide range of claims. We have extensive experience defending real estate brokers, agents, and REALTORS® against malpractice and breach of duty allegations stemming from residential and commercial transactions, as well as those who play critical roles in facilitating these transactions, including title agents, abstractors, surveyors, mortgage brokers, appraisers, home inspectors and title insurance companies.

Our attorneys understand the complexities of real estate law and the nuances of professional standards in each of the jurisdictions in which we practice, allowing us to craft targeted defenses that protect our clients’ reputations and livelihoods. We are creative, proactive and strategic, working closely with our clients and their insurers to craft a formidable defense, often helping to resolve matters through negotiation or early motion practice pre-suit. When litigation is unavoidable, we bring deep courtroom experience and an unwavering commitment to defending our clients through trial and appeal, if necessary.

We know that for professionals involved in real estate, litigation can be both financially and professionally disruptive. That’s why we prioritize efficient case management, cost-effective strategies and clear communication throughout the life of a case. Our goal is always to protect our clients’ interests while minimizing the impact on their business operations and professional standing.

With a team that blends deep legal knowledge and real-world insight into the real estate industry, we are trusted counsel to professionals facing complex and often emotionally-charged disputes. Whether the matter involves a multimillion-dollar commercial deal or a single-family home transaction, our attorneys bring the same level of dedication and attention to detail.



We are proud to be a reliable defense partner for real estate professionals and the businesses that support them. When your work is under scrutiny, you need a legal team that understands the stakes—and how to win.

REAL ESTATE E&O LIABILITY RESULTS

Aaron Moore (Wilmington, DE) obtained a defense verdict on behalf of his client, a real estate broker and agent. The plaintiffs claimed that the sellers’ broker and agent were liable to them for the value of fixtures that were taken by the sellers when they vacated the property, which were alleged to have been included in the sale. At a bench trial, the judge determined that neither the broker nor the agent could be held liable to the plaintiffs because the representations regarding what was included in the sale were made by the sellers.

Christopher Conrad (Harrisburg, PA) and Jacob Gilboy (Scranton, PA) were successful in a Dauphin County case stemming from an alleged faulty deed certificate filed in conjunction with a prior real estate transaction. The plaintiff brought claims of negligence, quiet title/declaratory relief and fraud. We prepared and filed preliminary objections to plaintiff’s complaint and amended complaint. Following oral argument, our preliminary objections were granted, disposing of the plaintiff’s action on substantive legal grounds and on the basis that the plaintiff’s pleadings were never properly served to our client under the Pennsylvania Rules of Civil Procedure.  

Gregory P. Graham, Esq.

Too often, Pennsylvania real estate agents dismiss the mandatory mediation clause in the Standard Agreement for the Sale of Real Estate as mere boilerplate. In reality, this provision offers a powerful strategic advantage when defending against claims. Its broad language applies to all disputes arising from the agreement—allowing agents, not just buyers and sellers, to invoke mediation before litigation begins. By doing so, agents can achieve significant benefits, including early cost control, clearer allocation of liability, and improved settlement positioning. Mediation encourages open information exchange, helps identify the true source of a dispute, and can manage a plaintiff’s expectations through a neutral perspective. Far from being a procedural formality, the mandatory mediation clause is a practical, proactive defense tool that can shift disputes toward resolution rather than escalation.

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Dana A. Gittleman, Esq. & Danielle M. Vugrinovich, Esq.

This article was originally posted by PLUS Blog on October 28, 2025, by plushq.

The Pennsylvania Supreme Court recently affirmed that home inspectors in Pennsylvania are protected by a one-year statute of repose under the state’s Home Inspection Law. This means that any lawsuit against a home inspector must be filed within one year of the inspection—regardless of when the problem is discovered.

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