Berry Moorman

Real Estate

Real Estate

Berry Moorman’s Michigan real estate attorneys provide sound guidance to a diverse range of clients in both routine and complex real estate transactions and litigation matters. These clients include domestic and foreign business entities, individuals, investors, developers, contractors, landlords, tenants, design professionals, and real estate professionals. Our attorneys also serve clients in Ohio and Florida, and have experience in the following areas of real estate law:

Sales, Acquisitions & Leases

We deliver results for both traditional and highly-complex real estate purchase, sale and lease transactions. Our services include:

  • Negotiation, analysis and structuring of and preparation of documentation for commercial, industrial and residential real estate transactions:
    • Purchase, lease and sublease agreements,
    • Tax-deferred exchanges under Section 1031 of the Internal Revenue Code,
    • Condominium projects and condominium association representation,
    • Zoning, planning and land use issues,
    • Build-to-suit agreements, options to purchase, rights of first refusal,
    • Sale/leaseback transactions,
    • Easements and restrictive covenants,
    • Gifts, licensing and dedications of real estate,
    • Foreign investment,
    • Purchases from bankrupt and Chapter 11 debtors,
    • Construction and land development,
    • Curing defective titles,
    • Environmental compliance and liability, and
    • Landlord and tenant matters.
  • Creative financing solutions:
    • Negotiating and drafting financing agreements,
    • Mortgages and land contracts,
    • Leases with options to purchase,
    • Asset based loans,
    • Tax increment financing, and
    • Alternate entities.
  • Counseling clients regarding critical issues arising with each transaction:
    • Zoning, planning, environmental and building code issues,
    • Special assessments and prospective public improvements/zoning changes,
    • Water use and access rights (riparian rights),
    • Tax planning and price allocation issues,
    • Infrastructure and mechanical systems,
    • Assignments of leases and rents,
    • Subordination, non-disturbance and attornment (SNDA) agreements, and
    • Mineral rights.
  • Counseling real estate professionals regarding listing agreements, commissions, dual agency issues, and to negotiate terms of real estate sales transactions.

Litigation and Restructuring

Our Ann Arbor, Birmingham and Detroit real estate attorneys provide experienced litigation, bankruptcy, foreclosure, receivership and loan work-out services, as well as engage in restructurings and reorganizations. We are zealous advocates for our clients in litigation matters such as:

  • Adverse possession, title and boundary disputes and quiet title actions,
  • Building code, zoning and land use violations,
  • Construction defect, cost-overrun and architectural liability issues,
  • Disputes with or among real estate professionals, including commission disputes and errors and omissions insurance defense,
  • Condominium owner disputes,
  • Eminent domain/condemnation proceedings,
  • Enforcement of easements and restrictions,
  • Environmental disputes,
  • Fraud (including seller disclosure fraud) and undue influence claims,
  • Landlord/tenant eviction proceedings and rent collection suits,
  • Lease disputes and contract enforcement,
  • Foreclosures by advertisement or judicial action ,
  • Resolving issues with borrowing and occupancy covenants,
  • Perfecting and foreclosing construction liens,
  • Loan workouts and bankruptcy matters,
  • Lending liability disputes,
  • Property tax disputes, and
  • Real estate partition matters.

Related Publications

Conservation Easements by Timothy E. Harden (March 2016)

Michigan Department of Treasury Allows Certain Buyers to Recover Real Estate Transfer Taxes by Randolph T. Barker (February 2015)

Is The Principal Residence Exemption For Property Tax Purposes Available In Michigan If One Spouse Maintains A Principal Residence In Another State? by Mark E. Straetmans (February 2011)

Michigan Commercial Real Estate Broker’s Lien Act by Randolph T. Barker (October 2010)

Michigan Attorney General Sends Notice to Assessors and Business Property Owners Claiming Commercial Property Is Wrongly Classified as Industrial Property (July 2010)

Purchasing Michigan Real Estate; An Investment Opportunity by Mark E. Straetmans (March 2010)

Appealing Michigan Property Tax Assessments in 2010 by Randolph T. Barker (February 2010)

Are Your License and Reputation Worth a Few Hundred Dollars? Ethical Considerations for Real Estate Professionals in a Distressed Economy by Randolph T. Barker (September 2009)

New Michigan Foreclosure Law: Questions and Answers by Randolph T. Barker (September 2009)

$8,000 First-Time Home Buyer Credit and the Michigan Homestead Exemption by Richard R. Zmijewski (February 2009)