Gilman & Gilman, P.C.

Real Estate

Real Estate Transactions

Real estate projects handled by the firm include matters such as the following:

  • Draft and negotiate contracts used to buy and sell land, including raw land and improved property such as an apartment complex or office building
  • Form partnerships and limited liability companies to allow multiple persons to own and invest in real estate
  • Draft deed restrictions and amendments to restrictive covenants
  • Work with municipal utility districts on reimbursement agreements that allow a land developer to finance the cost of water and sewer infrastructure
  • Draft and negotiate lot purchase contracts between a land developer and homebuilder
  • Draft and negotiate construction contracts
  • Advise property owners on loans and loan documentation
  • Borrower’s counsel on $40,000,000 refinance of the Sharpstown Mall
  • Assist landlords and tenants with commercial leases
  • Advise Homeowners Associations

Real Estate and Business Litigation

Matters we have handled at the courthouse include mechanics lien cases, condemnation lawsuits, actions for specific performance of real estate sales contracts, contract disputes, partnership disputes, covenants-not-to-compete, lis pendens litigation and collection cases.

Representative Cases:

Real estate cases:

Forgery case (Cause No. 2024-51020, 295th District Court of Harris County, July 23, 2025).  The firm obtained summary judgment for a defendant-property owner against a plaintiff who claimed that a prior deed in the chain-of-title was forged and prevented the owner from having good title.  

Partition case (Cause No. 2022-13887, District Court of Harris County, May 8, 2023).  This was a partition case in which the firm represented the plaintiff and successfully partitioned and sold the subject real property.  

Real Estate Fraud case (Cause No. 2020-10375, 55th District Court of Harris County, March 18, 2022).  The firm represented an office building owner who was sued for misrepresenting the occupancy of the building in the rent roll.   The plaintiff ultimately non-suited its claims for $0.00. 

Real Estate Fraud case (Cause No. 2023-74802, 281st District Court of Harris County, May 2, 2025).  The firm represented a seller who was sued for allegedly failing to disclose an encroachment.  The case settled on confidential terms.  During the course of the case, the firm filed a successful motion to exclude the plaintiff’s expert appraiser on the basis that his appraisal lacked a reliable foundation.   

Dilipkumar C. Patel and wife, Ashima Patel and Sanjay Gakhar and wife Rohini Gakhar vs. David Powers Homes S.T., Ltd.;  Cause No. 2009-16872 in the 55th District Court of Harris County, Texas (August 2, 2011).  This case involved a claim under the Uniform Fraudulent Transfer Act against a defendant homebuilder who was alleged to have made certain conveyances of real property in an effort to avoid payment of a debt.   This case was decided by a jury, who held for the defendant homebuilder represented by the firm.  

Design Tech Homes Ltd. v. RVision Homes Ltd., Civil Action No. H-18-4268 (United States District Court, S.D. Texas, Houston Division, 2020).  This case involved a claim that a homebuilder used another builder’s copyrighted design plan to build a new home.  The case settled before trial.   

Business Cases:

Lone Star Air Systems, Ltd. v. Powers, 401 S.W.3d 855 (Tex. App- Houston [14th Dist.]  2013, no pet.)(collection case in which the trial court’s summary judgment for the defendant-homebuilder’s principal was upheld on appeal due to the absence of evidence of fraud or grounds upon which to pierce the corporate veil).

84 Lumber Co., L.P. v. Powers, 393 S.W.3d 299 (Tex. App. – Houston [1st Dist.] 2012, pet. denied)(personal guaranty collection case in which the trial court’s summary judgment for the defendant-homebuilder’s principal was reversed on appeal because the principal was held to have simultaneously executed the subject document in both a personal and representative capacity).  

David Powers Homes, Inc. v. M.L. Rendleman Co., Inc., 355 S.W.3d 327 (Tex. App. – Houston [1st Dist.] 2012, no pet.)(lis pendens litigation in which the appellate court held that 37 separate “Affidavits of Notice to Potential Transferee” filed of record by an unpaid contractor were not actionable as fraudulent liens under the Republic of Texas statute) 

Powers v. M.L.  Rendleman Co., Inc., 2010 WL 4216472 (Tex. App- Houston [14th Dist.]  October 26, 2010, no pet.)(collection case in which a supplier’s default judgment against the builder for punitive damages was reversed on appeal)

Suttles v. Vestin Realty Mortgage I, Inc., 317 S.W.3d 412 (Tex. App. – Houston [1st Dist.] 2010, no pet.)(collection case in which the appellate court removed a creditor’s appointed receiver on the grounds that the receiver’s appointment had not been proper under the applicable statutes)

Jackson v. Henderson, 2004 WL 1631394 (Tex. App. – Houston [1st Dist.] July 22, 2004, no pet.)(fraud verdict in favor of plaintiff was reversed on appeal because that there was no evidence of fraud)