David J. McGee

For 30 years, Dave has been a litigator for and legal advisor to professionals, employers, boards (profit and non-profit), realtors (real estate agents, brokers, and brokerages), appraisers, title companies, engineers, design professionals, community associations, businesses and individuals in the areas of professional liability, general civil litigation, commercial litigation, construction litigation, insurance litigation, real estate litigation, as well as real estate law and townhome and condominium law. Minnesota Law & Politics and Mpls/St. Paul Magazine have repeatedly selected Dave as a “Super Lawyer.” Dave has represented clients in numerous published appellate cases.

Dave has represented clients in a variety of forums including arbitrations, mediations, court actions, trials, administrative proceedings and appeals. Dave also represents professionals before licensing and regulatory boards. Dave is a sought-after and frequent lecturer at a variety of forums, including the National Association of Realtors Convention and the Minnesota Real Estate Institute, the premier continuing education course for Minnesota Real Estate Attorneys, and has written numerous articles in the area of professional liability, construction defect, community associations, real estate and workplace issues. He is also a qualified neutral under Rule 114 of the Minnesota General Rules of Practice (mediation and arbitration).

Contact:

Main: 763-521-4499

Direct: 612-522-2046

Fax: 763-521-4482

Email: dmcgee@tstlaw.com

Education:

  • William Mitchell College of Law, J.D., 1989
  • Drake University, B.A., 1984

Bar Admissions:

  • Minnesota, 1989
  • Wisconsin, 2015
  • U.S. District Court, Minnesota
  • U.S. Eighth Circuit Court of Appeals

Areas of Practice:

Civil Litigation

  • Commercial
  • Construction Defect
  • Employment
  • Real Estate

Professional Liability

  • Appraisers
  • Insurance Agents and Brokers
  • Design Professionals
  • Engineers
  • Lawyers
  • Realtors, Brokers and Brokerages
  • Community Associations
  • Directors and Officers (D&O)
  • For-profit and Non-profit Boards
  • Professional Disciplinary Matters

Real Estate Law

  • Commercial
  • Condominium/Townhome
  • Licensing
  • Residential
  • Title/Land Use
  • Insurance Coverage

Regulatory Matters

Professional Associations:

  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • Wisconsin State Bar Association
  • Minnesota Trial Lawyers Association

Professional Recognition:

  • Super Lawyer
  • Mpls/St. Paul Magazine Top Lawyer

Articles:

  • “Licensing Matters…It Really Does,” Travelers Newsletter, July 2019
  • “Is Zillow’s Joint Marketing Program a Violation of RESPA?,” CRES Legal Article, June 2017
  • “That’s Not My Job,” Minnesota Association of Realtors eResource, February 21, 2011
  • “Time, and the Statute of Repose, Wait for No Man (or Woman, or Community Association),” Minnesota Community Living, November/December 2010
  • “Will your Association be Approved?,” CIC Midwest News, Winter 2010
  • “Mediation,” Community Associations Institute, 2004
  • “Real Estate Agent and Broker Liability,” Minnesota Association of REALTORS, 2004
  • “Construction Defects Statute of Limitations Review,” Community Associations Institute, 2003
  • “How to Enforce Governing Documents and Assure Compliance,” Community Associations Institute, 2003
  • “Agent and Broker Liability,” Minnesota Association of REALTORS, 2002

Teaching Experience:

  • “8 Things You Should Know About the Residential Real Estate Purchase Agreement,” Ramsey Country Bar Association, December 2018
  • “Staying Productive by Staying Out of Trouble,” National Association of Realtors Convention, Boston MA, November 2018
  • “Broker and Agent Liability: The Things that Happen-Is there a Problem?,” Minnesota Real Estate Institute, November 2018
  • “The Funny (Scary) Things Agents Do and How to Avoid Them – Part Two,” Minnesota Association of Realtors, October 2017
  • “Scary Things Agents Do and How to Avoid Them,” Travelers Insurance, October 2017
  • “Common Mistakes of Real Estate Professionals and How to Avoid Them,” Southeast Minnesota Realtors, September 13, 2017
  • “Common Claims and Errors,” BHHS Lovejoy Realty, July 26, 2017
  • “Common Conflicts in Real Estate Transactions and Regulatory Update,” Minnesota Association of Realtors, June 2017
  • “Common Claims and Errors,” The MLSonline.com Inc., May 11, 2017
  • “Legal and Enforcement Update,” Keller Williams Classic Realty, January 17, 2017
  • “Common Claims and Errors,” Keller Williams Preferred Realty, December 6, 2016
  • “Common Claims and Errors,” BHHS Lovejoy Realty, November 29, 2016
  • “How to Deal with the Upset, Angry and Potentially Dangerous Owner,” CAI Law Seminar, October 2016
  • “Workplace Issues – Sensitivity Training,” Gassen Companies, September 2016
  • “Disclosure Requirements and Home Inspection,” Minnesota Continuing Legal Education, August 2016
  • “Scary Things Agents Do and How to Avoid Them,” Minnesota Association of Realtors, January 2016
  • “Is This Rule Enforceable?,” Case Studies, CIC Midwest, October 2015
  • The 2015 Real Estate Institute, October 2015
  • The 2014 Real Estate Institute, November 2014
  • The 2012 Real Estate Institute, November 2012
  • “Keys to Successful Short Sales and Sales of Distressed and Bank-Owned Residential Property,” Minnesota Continuing Legal Education, September 2012
  • “Residential Short Sales and Sales of Lender-Owned Property,” Minnesota Continuing Legal Education Mortgage Foreclosure Conference, June 2012
  • “Ask the Attorney,” CIC Midwest, January 2012
  • “Advising Buyers and Sellers of Distressed, Foreclosure and Lender-Owned Residential Property,” Minnesota Continuing Legal Education, August 2011
  • The 2011 Real Estate Institute, November 2011
  • “Risk Management for Real Estate Brokers and Brokerages,” Thomsen Nybeck, 2011
  • “Finding Your Way through the Current Marketplace Maze – Commerce Department Concerns and Other Pitfalls,” Re/Max Advantage Plus, 2010
  • “Residential Real Estate Litigation – Involving Buyers, Sellers, Agents, Appraisers, Closers and Mortgage Brokers,” Real Estate Institute, Minnesota Continuing Legal Education, 2009
  • “Avoiding Appraiser Malpractice Suits and Complaints,” Minnesota Appraisal Institute, 2009
  • “The Relationship between Seller, Buyer, and Real Estate Broker/Agent,” Minnesota Continuing Legal Education, 2006