real estate law
A real estate transaction can be the largest financial transaction in a person’s life. It may be important to have an attorney work with your real estate agent to investigate title imperfections, construction issues, zoning issues, and warranty issues. All of these matters can cause you to lose a great deal of money if not addressed properly.
An attorney may also be able to help by supplying you and your agent with sufficient information on the property to better negotiate a price on the property.
Also, an attorney may be able to help you decide whether a land use entitlement process will be necessary depending on how you wish to use the property and whether you will be successful obtaining such an entitlement.
Attorneys play an integral role in the land use process. For many years, engineers and architects represented applicants before governmental commissions, departments, and agencies in an effort to seek approval and/or passage of their land use entitlement applications. However, land use matters have become more and more complicated as state, federal, and local governments place more restrictions on development through zoning ordinances, general plans, specific plans, and state law statutes.
An attorney can properly advocate a land use entitlement application before governmental agencies and ensure that the matter is protected for potential review by a court of law if necessary.
Leases vary from simple one page forms to complex documents, often totaling in excess of fifty pages. While a sophisticated commercial tenant may feel comfortable reviewing such a document, most potential renters do not have the time or knowledge necessary to evaluate a lease on their own. For instance, many tenants fail to appreciate the importance of “assignment and subletting provisions” and “compliance with law” provisions until they are faced with an expensive problem caused by their failure to comply with the provisions. Therefore attorneys often play a vital role in the lease review process by assisting tenants with lease evaluations that highlight potential legal problems.
In the commercial sector, the lease agreement forms the backbone of the landlord-tenant relationship. We pride ourselves in negotiating lease terms that cover a multitude of issues and concerns in a way that best protects your interests. In the residential environment, the lease agreement is important as well, and there are also a number of laws that regulate tenants’ rights. We can assist you in understanding the complexities of terms of your lease or the relevant laws in order to resolve a variety of concerns and disputes.
In the event there is a major breach of lease or a violation of law, we can represent commercial or residential landlords and tenants in all types of legal matters, including commercial non-payment proceedings and holdover proceedings at the New York City Civil Court level, and complex litigation at the New York State Supreme Court level.