REAL ESTATE LAW
Whether individuals or businesses are purchasing or selling property, leasing or refinancing, or any other transaction involving real estate, it is likely one of the larger more complex transactions undertaken by most people. A delicate balance must be struck between the priorities of protecting an entity or individual’s own personal interests while complying with a myriad of federal, state, county and local laws. Different types of real estate transactions that require legal expertise include, among other things:
- Purchase and sale of property
- Landlord and tenant agreements in property leasing
- Developers in land acquisition and permitting
- Borrowing and lending in construction
- Financing
- Evaluating tax implications
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Furthermore, in regard to the purchase or sale of a private home, there are more complex issues different from those involved in the purchase or sale of a coop or condominium. It is important to use experienced real estate attorneys to make certain that the title to your property is free and clear of any liens or encumbrances. Also, at the outset of many real estate dealings, real estate brokers and agents require the execution of a contract with prospective buyers and sellers. These agreements can be complicated. Therefore, only skilled practitioners of the law have the sufficient capability to review any broker or agency agreements to make certain that a clients' rights are protected and that no broker or agent fee is due unless properly earned. Moreover, it is important that proper title insurance is obtained and that individuals are not bound to purchase property unless they receive a proper bank commitment for a mortgage loan. Legal expertise is therefore important to make certain that all details of these types of complex transactions are properly dealt with so that a entity’s or person’s interests are fully protected.
In addition, the practice of real estate law involves complex issues and procedures involving landlords and tenants. Landlord tenant relationships have grown increasingly complex over the years and courts have developed very specific procedural requirements that require the service of knowledgeable attorneys.
Real estate law also involves the resolution of a variety of property and liability disputes. Whether arbitration and mediation is appropriate or an aggressive pursuit of litigation is in a client’s best interest and expressed goals, an expert attorney is necessary. Some of the tasks required of real estate attorneys in litigation include:
- Resolving and creating title liens and encumbrances
- Landlord/Tenant disputes
- Easements
- Foreclosures
- Premises liability
- Mechanic's liens
- Condemnation
- Zoning
- Broker commission disputes
- REITs and CCIM matters
- Actions to quiet title
- Boundary disputes
- Lawsuits for and against contractors
- Lawsuits on behalf of buyers under purchase and sale agreements
- Lawsuits on behalf of sellers under purchase and sale agreements
- Marketable title issues
- Mortgages and other secure transactions
- Survey matters
- Title insurance matters
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Only a skilled and experienced real estate attorney will be able to work closely with you to strategize and structure transactions that satisfy your immediate needs and long-term objectives.
If you need help in any real estate matter, call Grant & Longworth LLP at (914) 400-3700
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