One of the most basic and fundamental sets of transactions in our economy is the buying and selling of real estate. Unfortunately, just because these transactions are common doesn’t mean they are simple and without risk. At FCWS we know that the worst time for a buyer or seller of real estate to discover there is a problem with the terms of the transaction is after the closing. That’s why our experienced team of real estate attorneys is the right choice when you find yourself ready to buy or sell a piece of real estate.
Just because you own one or more parcels of real estate doesn’t mean you can do whatever you want with them. The intricacies of zoning and development rules have never been more burdensome and nuanced than they are today. FCWS’s experience with complex municipal development projects and our success with various municipal zoning boards make us the right choice to get your real estate project, no matter how large or small, approved and launched successfully without you having to worry about issues peripheral to its overall economics and purpose.
Typically, a law firm begins and ends their work with their real estate client by creating the legal documents for the transaction and then overseeing the closing. At FCWS we know that closing a real estate transaction requires money and our team’s extensive experience and connections within the industry can help you find it. Whether you are looking for debt financing or an equity investor, we will likely be able to make introductions that can help you find the dollars you need to make your project a reality.
When purchasing or renting a property with common areas and a governing authority, you can quickly find that the rights to enjoyment you thought you had are significantly reduced or restricted. Sometimes these limitations are clear, and other times they are vague, hidden, or open to interpretation. At FCWS we have extensive experience in dealing with the legal rights of occupants when confronted with burdensome condominium or association rules and regulations. Don’t fight those battles alone. Turn to a team of professionals who know how to navigate the complexities of the rules that restrict your rights.
Buying or selling real estate is complex enough when the property is going to be left “as-is.” Add construction to the mix and the risks to the owner increase significantly. Whether it is dealing with compliance issues with your ender, or dealing with contractors and lien waivers, the experienced professionals at FCWS are able to make certain that you are free to oversee the satisfactory completion of your construction project, while we help make certain that all relevant parties and all necessary paperwork are kept satisfied and in order.
Often times a real estate project of significant dollar value will require the sourcing and participation of numerous outside funding sources. Sometimes the people are well-known to the client, but often times they are not. When raising money for a real estate venture, a private placement offering needs to be prepared. At FCWS our professionals have the proper expertise to make certain that your private placement memorandum is prepared in compliance with all of the attendant rules and regulations issued by the various government entities charged with oversight. Finding investors is difficult enough, don’t run the risk of legal problems once those investors are found.
One of the easiest methods for entering into a real estate project with another legal person or persons is to form a joint venture (JV). Joint ventures leave the individual participants intact and provide simplicity for entry, exit, and termination. Despite the advantages, like any other business dealing, not creating the proper structure by having participants’ roles and responsibilities clearly defined can lead to avoidable conflict and financial loss. At FCWS we have extensive experience in the documenting of JV formations and we know how to ask the parties involved the right questions to get the agreement right, up front.
When a piece of real estate isn’t cash flowing, is found to possess an environmental risk factor, is impacted adversely by an adjacent property, or has any one of a number of other factors that place it in peril, you need a team of professionals who know how to step in and deal with any and all outside parties. This means lenders, government agencies, landlords, general contractors, and a host of others who may have an interest they are trying to protect. At FCWS our experienced team has dealt with every type of party that could act adverse to your distressed real estate parcel’s interest.
As complex as the purchase and sale of real estate can be, the lease that is signed between a tenant and landlord can be even more complex. In a purchase and sale, the relationship concludes at closing. In a lease situation, the relationship is just about to begin and the document that is created will govern every aspect, both seen and unforeseen, in that relationship as it moves forward. At FCWS our professionals are experienced from both sides of the leasing table and that knowledge helps to ensure that they will help you create and negotiate a lease agreement that protects you as the relationship moves forward. Proper planning today will help prevent unresolvable disputes tomorrow.
When a loan is involved as part of a business or personal situation needing to be solved, it is common to ask “How much money will it take to pay off the loan?” In fact, it is often advantageous to the circumstance not to pay off the loan, but to buy it instead. Purchasing a loan preserves the order of security interest and can transfer with it all of the original rights and remedies of the initial lender. In some cases, it can also have significant tax liability benefits. At FCWS our professionals have been negotiating note purchases from lenders over the course of four decades. We know how to assess the appropriateness of the action, approach the lender, and document the transaction.