REAL ESTATE LAW
Real estate law encompasses a vast array of issues and is often considered the area of practice which produces the most mistakes or malpractice. Fortunately, prior to practicing law I had many years of apprenticeship as an active private real estate investor, a licensed Pa., Realtor and as an executive representing the interests of the land development, home building and related business interests. My law school education included many minor courses related to real estate and business law so that I developed a full breadth of knowledge and experience in all matters relating to real property.
I’ve enjoyed nearly thirty years in representing residential, commercial and industrial developers, home builders, general contractors, subcontractors and material suppliers, lending institutions and title insurance companies and related enterprises. I’ve also had the privilege of representing dozens of condominium and community homeowner associations as well as hundreds of land owners, purchasers and sellers in every imaginable circumstance related to this broad area of the law. Although certainly not at all exhaustive, below are some of the services I provide:
General Residential and Commercial Real Property Transactions
Negotiating, review, structuring and documenting real property transactions – agreements of sale, leases, options and other future interests, 1031 tax free exchanges, etc
Negotiating, review and documenting financing instruments – mortgages, notes, UCC financing statements, assignments, releases & satisfactions, escrow agreements, etc
Placement, review and resolve common title insurance issues – boundary, use and related disputes, easements, rights of way, etc
Formation of entities to own real property – corporations, limited liability companies, limited partnerships, general partnerships, etc
Property management agreements
Real estate tax assessment appeals
Settlement services – RESPA compliance, resolution of disputes, etc
Real Estate Disputes and Litigation
Landlord Tenant disputes – monetary and use breach, assignments/subletting, etc
Breach of Contract Disputes – concealment and failure to disclose known latent defects
Mechanics liens and claims pursuant to Pa. Contractor and Subcontractor Payment Act
Construction contract disputes – building design, product liability and warranty claims,
Claims from governmental entities – violations of municipal zoning, property maintenance or building codes, environmental citations, etc
Mortgage Foreclosures
Representing both lending institutions and borrowers in all monetary default natters, institution of or defense of mortgage foreclosure litigation, negotiating terms for reinstatement, forbearance agreements, loan modification agreements and “short sales”
Condominium and Planned Communities
Preparation and/or review of Association Founding Documents – Public Offering Statements, Declaration of Covenants, Easements & Restrictions, By-laws, Architectural Review Guidelines, Rules & Regulations, Budgets and Purchase Agreements, etc
Formation of non-profit entity for declarant developers
Representation of Condominium and HOA Community Associations – amendments to founding documents, meetings/minutes, dispute resolution with developer or owners
Representation of sellers and buyers – 3407/5407 certifications, dispute resolutions, title insurance, agreements of sale, settlement services
Zoning and Land Use
Land acquisitions and sales
Land use planning and administration
Zoning compliance, subdivision and land development approvals
Zoning relief including variances, special exceptions, conditional use, etc
Government based development incentives – LERTA (Local Economic Revitalization Tax Assistance Act; KOZ (Keystone Opportunity Zone)
Building permits and related governmental approvals & permits
Developer agreements – tripartite or related documents,
THE BIG PICTURE. . . and the fine print. I am experienced in anticipating potential barriers to the deal, carefully protecting client interests throughout the process, recognizing what professionals need to be involved and addressing all contingencies if the transaction is terminated. But, please call me BEFORE you commit yourself to any legal obligations