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Michael K. Ryan, President

SELECTED

AREAS OF PREVIOUS TESTIMONY

>>Partnership and joint venture dispute issues.

 

>>Industry standards of care,  customs and practices as it pertains to entitlement, development, homebuilding, 

brokerage and partnerships.

 

>>Non-compliance with Industry standards for fiduciary duties owed by a broker and sales agent, including dual agency representation.

 

>>Partnership and joint venture fiduciary duties, given Industry standards of care.

 

>>Industry standards, customs and practices re negotiations of “significant terms and conditions” of a PSA between principals.

 

>>Broker and sales agent misconduct, fiduciary responsibilities and compliance with National Association of Realtors Code of Ethics.

 

>>PSA liquidated damages versus specific performance as a remedy for default.

 

>>Takings claim against a municipality.

 

>>Loss of profit claim and analysis of damages due to alleged broker misconduct.

 

>>Asset dissolution and partition action.

 

>>Master developer entitlement delays and economic impact.

>>Due diligence Industry customs and practices.

 

>>Analysis of entitlement, development and permit time periods.

 

 

 

 

>>Dispute concerning Industry practices re: Off Balance Sheet transactions and related option and construction agreements.

 

>>Dissolution of corporate real estate assets.

 

 

>>Borrower’s duty of independent inquiry as it pertains to due diligence responsibilities.

 

 

>>General Partner or Managing Member fiduciary duties owed to partners. 

 

 

 

>>Project entitlement and development issues and delays.

 

 

>>Profit participation challenges.

 

 

>>Developer/builder misconduct and lost profit analysis.

 

 

>>Access easement dispute.

 

 

>>Tentative Map Conditions Of Approval issues. 

>>Analysis of fraud claims, given Industry standards.

 

>>Buyer’s duty of independent inquire required, per Industry standards, in due diligence investigations.


 

>>Seller’s non-compliance with disclosure requirements, per Industry standards.

 

 

>>Loss of profits due to alleged contractor’s delays.

 

 

>>Economic impact of sandwich lease.

 

 

 

>>De Facto partnership and partition action.

 

 

 

 

>>Lot split dispute.

 

 

 

>>PSA contingency items in dispute.

 

 

>>Rebuttal analysis for alleged lost profits and damage claims.

 

 

>>Conversion cause of action.

 

 

>>Pro forma analysis and project feasibility issues.

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