Purchase, Sale, Construction
Whether you are buying or selling, you need a contract that protects your interests. Buyers and sellers are usually primarily concerned about price and timing, but sellers should also be concerned about liability after the sale and buyers should be concerned about physical and legal defects that aren't readily apparent. What many often don't realize is full disclosure on the part of the seller is the best protection for BOTH parties. I can help you negotiate a contract that protects your interests and is suited to the type of property and your intended use.
I can help you with the legal documentation recommended in connection with buying and selling:
- Raw Land
- Office Buildings
- Shopping Centers
- Apartment Buildings
- Parking Garages
Conveyancing and Title Insurance Issues
Sometimes real estate professionals do not pay enough attention to “small” details like the form of the deed when title to real property is being transferred, often leaving it to the title company to prepare the deed. However, the form of the deed can have very important tax and estate planning consequences. I can help you choose the best form for your situation.
Did you know that “Transfer on Death” deeds became available in California starting January 1, 2016? Call me if you would like to discuss whether this simple non-probate device is right for you. It is less expensive than a trust, and though it does have some limitations compared to a trust, in some situations it might be just the ticket. They are not available in Tennessee yet. Sorry!
And let's not forget about insuring your title. I always recommend that you obtain title insurance when acquiring real property, but careful consideration should be given to the form of the policy, the extent of the coverage and endorsements that should be obtained. Just like property insurance and automobile insurance, title insurance policies are highly customizable. Let's talk about the best options for your transaction.
And don't forget about title insurance issues when transferring title to your trust or your wholly-owned LLC. Sometimes an endorsement or a new policy is necessary to maintain continued coverage; sometimes it is not. I can help you sort that out.
Consumer Lending Regulations
Whether you are a borrower or a lender, I can help you sort through the myriad state and federal regulations that apply to loans to natural persons.
Leasing and Licensing
I have decades of experience preparing leases and licenses for landlords and tenants for a wide variety of property types. Here are just a few representative examples:
- Retail Strip Mall
- Oil and Gas
- Wind Energy
- Aircraft Hangar
- Beauty Salon Station
- Mall Kiosk
Are you a property manager, or a property owner that needs to hire a property manager? I can help you craft a property management agreement to suit the property type and the needs of the owner.
Easements and Rights of Way
It is surprising how often easement issues arise. If you are a landowner, you have probably already had to deal with them. If you haven't, you will. I can help you with drafting, reviewing and negotiating a wide variety of easements, including:
- Ingress and Egress
- Pipelines and Utilities
- Well Sharing Agreements