Real estate law can be complex and vary by state and it is crucial that proper documentation of all business matters related to real estate exist in order to protect the rights of the client if there are any disputes that arise. Hiring a qualified and experienced real estate attorney can mitigate the risks to owning or leasing property and help to manage all of the financial and legal aspects of real estate transactions. Home, commercial buildings and land purchases or leases can have unforeseen liabilities that are easily circumvented by consulting with a real estate attorney prior to signing on the dotted line.
Thrift & McLemore’s staff has decades of experience handling a wide variety of real-estate matters, from purchase and sale transactions, leasing, and financing, to litigation, alternative dispute resolution and zoning/land use, involving: resort development and management, large multi-use and retail developments, construction, timeshare/fractional developments, world-class hotel and multi-family development, high-end residential transactions, and car dealership development.
Thrift & McLemore’s real estate development attorneys are experienced in representing buyers, sellers, developers, landlords and tenants, which allows us to formulate innovative strategies for addressing their issues. Whether we are negotiating a property acquisition, dealing with a regulatory agency, finalizing a financing arrangement, or assisting with commercial foreclosure issues for landlords or tenants, our approach to every development situation is an understanding of the client’s ultimate goal – to get the deal closed.
Real estate deals can be highly nuanced, especially when it comes to profitability, regulations, leverage and protecting against liability. By applying our knowledge of real estate and other industries, our team is able to assist each client in structuring and negotiating the deal, providing necessary legal documentation and assisting with commercial loan and other credit transactions and accommodations.
Commercial Real Estate
Our team is well versed in commercial real estate leases and purchases, working one-on-one with clients to review potential lease contracts and to handle negotiations to protect from future liabilities.
When a client decides to build rather than purchasing or leasing an existing real estate building, the risk of construction disputes are much higher. Even when leasing or purchasing an existing building to accommodate the client’s commercial or residential needs, construction disputes can arise that delay completion of the project—incurring additional costs and difficulties with the project and disrupting the time of completion. Our real estate attorneys are highly experienced when it comes to handling construction delays, working to diffuse the situation and earning back valuable time for our clients by closing the dispute swiftly and efficiently, especially if previous mediation has been unsuccessful.
Landlord and Tenant
Landlord and tenant law is one of the most commonly used services for our clients. Real estate transactions between landlords and tenants are rife with problems, but by having appropriate legal counsel and covering all of the bases—including drawing up leases, lease signing, handling eviction processes, addressing hidden or additional costs, subletting, and insurance, to name a few—is a critical consideration that landlords and tenants alike can benefit from. Leasing commercial properties may have additional factors to consider, such as zoning laws and property use for businesses, which can be reviewed by a real estate attorney to ensure that the property and lease terms are suitable to the needs of the business.
Leasing and purchasing property are not the only available options for business owners when it comes to obtaining the use of commercial property. A license may be more beneficial for businesses looking to reduce their possessory interest and use the property for a shorter term. A lease can place higher levels of control on the tenants, including business hours, property use and restrictions on day-to-day operations that may negatively impact the business.
Mortgages are liens placed on a purchased property by a financial institution in exchange for a loan used to make the real estate purchase. There are several different types of mortgages available and knowing which is the right option will reduce risk of foreclosure and provide optimum mortgage rates that meet each client’s individual needs.
Real Estate Purchases and Sales
Real estate purchases and sales can be accomplished independently or with the assistance of a real estate agent or broker. Regardless of how the purchase or sale is made, however, a real estate attorney can be an incredible asset when it comes to reviewing or creating contracts and assessing the commissions to be allotted to the agent or broker following the purchase or sale prior to signing anything. Bringing in an attorney to help prepare the purchase agreement, title investigations, executions of a deed, conduct a review of the financing documents, develop the instructions for escrow, and to draft required legal documents ensure that the ownership of property is properly established, and notices of transfer have been applied through the correct legal channels.
Zoning, Planning and Land Use
Local laws for zoning, planning and land use can be highly complex and control how the property is being used. Zoning laws place regulations on construction of buildings and when violated, zoning laws can lead to expensive payouts and serious consequences. When looking to purchase or lease a property for commercial use, or to build on empty land, consulting a real estate attorney ensures that the commercial or residential buildings and their use are in line with local laws.
Working with a qualified real estate attorney can assist in navigating complicated real estate agreements to mitigate risks later on. At Thrift & McLemore, we put a deep emphasis on breaking down legal jargon for our clients into clear and easily understandable terms that limit confusion over real estate lease or purchase agreements.
For more information on our real estate practice, contact us directly at our Atlanta or Kennesaw offices.