“Dedicated, tireless, and passionate about client success.”
  

  

• Construction
• Real Estate
• Personal Injury
• Small Business

Real Estate

Our attorneys have handled the full range of real estate issues.  They are capable to taking a real estate transaction, residential or commercial, from drafting of purchase and sale documents to handling of disputes concerning misrepresentations or defects discovered years later.  The Firm is an attorney-member of the Commercial Brokers Association and the Associated Builders and Contractors. 

Purchase & Sale Representation

We have represented clients in dozens of real estate transactions, from simple residential sales to complex commercial deals, both for buyers and sellers of real estate.  We have drafted complex purchase documentation, and have tailored well-established forms to meet specific client needs.  We work with real estate agents to ensure that the documents reflect the parties’ interests and agreement.  Prior to closing, we work with title companies to resolve clouds on title and clarify easements, rights of way and boundary issues.  We also work with escrow agents to ensure that all instructions and documents are in place and correct by the time of closing.  Throughout the process we advise our clients of potential risks in entering into agreements, and how to protect their interests.  We work with lenders to resolve any financing questions.  We work with government agencies to investigate local laws that can affect the zoning and use of the properties.

Commercial Leasing

Our attorneys have negotiated extensive commercial leases, from simple office- and retail-space transactions to complex leases with national commercial businesses.  We have developed a deep well of experience in working on restaurant and tavern leases, both for landlords and tenants.  We also have extensive experience in dealing with tenants displaced by government condemnation actions and the funding and moving decisions that can make the difference between a small tenant surviving or failing as a result of condemnation.  We also work with property managers to ensure that the commercial landlord-tenant relationship proceeds smoothly, and provide necessary legal notices under Lease documents to further that end.

Liens, Deeds of Trust & Foreclosure

Our experience in construction law has given us an extensive background in the various forms of liens, the priority issues between competing lien holders, and the processes in which lien issues are resolved.  We have moved to protect clients’ interests in both judicial and nonjudicial foreclosures.  We have represented creditor clients through the process of a sheriff’s sale and post-sale issues.  Our attorneys have drafted specialized deeds of trust to secure both loans for property and other purposes.  We have filed scores of foreclosure lawsuits when judicial foreclosure is necessary.  We know how to use liens and other real estate security to convince the other side to settle a dispute.

Boundary Line Issues

Few disputes can be contentious and personal as disputes between neighboring property owners.  We have advised dozens of clients on fence location and adverse possession claims and the trespass and other issues that accompany them.  We have prevailed on complex boundary line issues concerning waterfront property, including the location of bulkheads and docks and the implications of property rights when a boundary lien is in dispute.  We also have worked with a number of rural property owners to address and resolve differences between recorded boundary lines and longtime fence lines, including correcting boundary line problems as significant as a recorded boundary line that ran through our clients’ house and garage.  We have both pursued title companies and defended them concerning boundary line and title issues.

Our attorneys also have extensive experience with neighbor dispute arising from natural causes.  Landowners are increasingly dealing with drainage water issues, particularly when an upstream or adjoining neighbor has changed the previous flow of drainage water.  Our advice has allowed for resolution of such disputes without litigation.  We also have advised clients concerning the effect of landslides on a neighbor’s property and the effects of what the courts call “the removal of lateral or subjacent support.”  Our clients have received our advice on the location and effect of easements on their property, and easements that benefit their property.  We have particular experience concerning the “overburdening” of an easement and its implications for the owners involved.

Residential Landlord Tenant Issues

We have handled a number of residential landlord tenant issues, but we do not have a high-volume practice.  Most of the residential-side disputes we handle have some unusual aspect that requires uncommon real estate expertise.   We are familiar with the entire process, from lease drafting to eviction.  We have taken landlord-tenant disputes to trial and writ of restitution (the official term for sheriff’s eviction), and effectively advise our clients each step of the way.

Construction and Development

We work with developers and land owners on contract drafting and negotiation, title issues, and construction issues.  We have a special expertise advising homeowners undergoing a custom construction project and have guided clients from purchase and feasibility reviews to final punch list.  For more information, see our “Construction” practice area.

LLC Issues

Most commercial and development land ownership today is done by owners creating specific limited liability companies (“LLC”).  We are able to get a limited liability company created within 24 hours if necessary and if the owner can get us the necessary information.  We also work with groups of owners and investors concerning the structure of real estate LLCs so that the expectations of our clients are properly set out in a written document.  We also advise clients on their rights as members of LLCs with respect to partition, dissolution and wrapping up processes.  For more information, see our “Small Business” practice area.