Preventing Litigation in Property Management 301 (Advanced)

To say “property management is full of conflict and often litigious” would be the understatement of the century. To avoid lawsuits you need to know where they most often come from and prepare yourself to deflect them before they become a full-blown lawsuit. We’ll address foreclosures’ HOA battles’ move-out inspection disputes, mold claims, wrongful dispossessed, personal property disputes, constructive eviction, “They trashed my house and I blame you”, disbursing to the wrong owner, rodents and more. This is about managing high-risk issues for property managers and preventing lawsuits. This class is a joint venture with the law firm of Gilroy Bailey Trumble LLC and is often taught in part by one of their attorneys.

3 HR Class with Handouts

This workshop is 3 hours and can be taught with (or without) Georgia CE credit. Topics can also be adapted for conference breakout sessions or luncheon events. It is not state specific. See table of contents below.

3hr GREC Course #61562


3 Hour Class Description

Property management is full of conflict and litigation and needs constant preparation and oversight by someone skilled at recognizing the sources of litigation and the steps to take to prevent the conflict from ending in a court battle. This course addresses the five big litigation issues property managers face in addition to a host of smaller issues that often turn litigious (see outline below). We’ll end by asking students to identify their biggest issues threatening litigation and address strategies to prevent them.

It’s all about ...

  • Recognizing litigation in its infancy stage
  • Adding language in agreements to protect yourself
  • Having documents to be signed up front before doing business to prevent litigation
  • Being aware of litigious hot spots
  • Having systems in place in the office to deal with conflicts before they get ugly

This class was co-written by Robert Locke RMP, MPM and attorney Monica Gilroy, managing partner of Gilroy Bailey Trumble LLC. Monica is a real estate litigator and specializes in landlord/tenant disputes. This class is often co-taught by Locke and Gilroy.

3 Hour Table of Contents
  1. Major Sources of Litigation
    1. Foreclosures
    2. New Lead Paint Rules
    3. Managing HOA Battles
    4. Managing Mold Claims
    5. Move-Out Disputes
  2. Other Sources of Legal Battles
    1. Home Warranties
    2. Unlawful Dispossessory
    3. Constructive Eviction
    4. Trust Account Deadlines
    5. Personal Property Disputes
    6. They Trashed My House
    7. Distributing to the Wrong Owner
    8. When Rodents Move in Without a Lease
    9. Owners Refusing to do Maintenance
  3. Your Challenges. What did we miss?

1 Hour Conference Version: Preventing Litigation in Property Management

The conference version is not the same as the 3 hour class. It proposes specific language to add to management agreements (and leases) to ward off the threats of being sued in addition to strategies to buff efforts to drag you into a courtroom battle.

Conference Version Table of Contents
  1. Contract Language that Helps Prevent Litigation
  2. Office Procedures that Help Prevent Litigation
  3. Options for Working Your Way Out of an Issue
  4. Specific Situations That Tend to Trigger Litigation and How to Protect Yourself From Them

“This was indeed the best class I have ever attended on practical litigation avoidance techniques. Robert is right on and covers the issues very competently speaking from years of personal experience. The information was on right on point, accurate and the students would have easily stayed another 4 hours. Robert's presentation style is full of energy and kept the attendees all wanting more. As a landlord attorney for over 20 years and trainer of thousands of property managers I really appreciated Robert's expertise on property management related legal issues. If all property managers followed Robert’s guidance, a lot of unnecessary litigation and grief would be avoided.
Attorney Harry Heist, Managing Partner of HEIST, WEISSE & WOLK P.A. Orlando, Florida

"I just left a class with Robert called ... Preventing Litigation ... and it almost scared me out of the business. Fortunately he has the documents to help us prevent lawsuits and is willing to share them. The class was full and there was no one sleeping. We all felt we needed him back to Columbus soon.

Christiane Watley, Broker, Aadvantage H. Realty, Columbus GA

Twenty five years ago I started my management career as a leasing agent for Crown and ended up building my own management company from scratch. When I faced a new challenge I often found myself asking "what would Robert do in this situation". His training over the years has made me lots more money than I ever expected to make in this business and kept me out of plenty of litigation.
Doug Wansley, Owner/Broker NorthAtlRealty

I've worked with Robert on his property management documents for over 15 years. He's as smart a landlord as I've ever met and pays very close attention to the legal issues in every aspect of his various business ventures. His record for avoiding litigation in property management is incredible and a testimony to his skills and experience with legal issues. His property management documents are the best I've ever seen.
Ms.Monica Gilroy Esquire, Managing Partner of the law firm of Dickenson Gilroy LLC, Real Estate Litigator and Trainer, Roswell GA

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