REAL ESTATE LAW

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 Sales, Acquisitions and 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.

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.

Creative financing solutions:

Negotiating and drafting financing agreements,
Mortgages and land contracts,
Leases with options to purchase,
Asset based loans, and
Alternate entities.

Counseling real estate professionals regarding:

Listing agreements
Commissions,
Dual agency issues,
The terms of real estate sales transactions,
Independent contractor agreements and office policies,
Errors and Omissions (E&O) insurance claims defense, and
Defense of licensing complaints, grievances, and professional standards matters.

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.