Practices

Real Estate

Berry Moorman has attorneys experienced in both routine and complex real estate transactions on behalf of a diverse range of clients including domestic and foreign business entities, individuals, investors, developers and real estate professionals. Our practice includes the following:

  • Dealing with real estate brokers to negotiate and prepare listing agreements, to resolve disputes relating to commissions, buyer and seller regret, buyer/seller/joint representation issues, and to negotiate terms of real estate sales transactions.
  • Representing buyers and sellers on commercial and residential real estate matters, to negotiate and prepare real estate purchase agreements, to analyze and resolve potential concerns in real estate transactions, including environmental, zoning, building code, utilities, HVAC, water and access matters, and to provide counsel regarding easements and restrictions, special assessments, exceptions, reservations, covenants, property taxes, prospective public improvements and price allocation matters.
  • Analyzing and resolving real estate disputes including adverse possession, boundary disputes, enforcement of restrictions, riparian rights, fraud and undue influence, building code violations, quiet title actions, lease disputes, lien enforcement, eviction, tort actions, and contract enforcement.
  • Negotiating and drafting build-to-suit agreements, ground leases, mortgages, land contracts, options to purchase, deed restrictions, condominium documents, memoranda and affidavits of interest.
  • Providing counsel and preparing documents regarding dedicating and gifting real estate.
  • Structuring and executing IRC Section 1031 transactions.
  • Organization and qualification of real estate investment trusts.
  • Representing landlords and tenants to negotiate and prepare lease and sublease agreements, to analyze and resolve lease disputes, and to provide creative alternatives to issues such as gross versus net lease provisions, maintenance, eminent domain, subordination, indemnification, and insurance.
  • Providing recommendations, negotiating the terms of and drafting agreements relating to various forms for financing real estate transactions, including mortgages, future advance loan transactions, land contracts, asset based loans, leases with options to purchase, and assignments of leases and rents with banks, savings and loan associations, insurance companies, as well as seller financed transactions.
  • Representing owners and contractors regarding the impact of the mechanic's lien laws, including perfecting liens, processing partial and final lien releases and foreclosing liens