Find Lawyers in Detroit, Michigan for Real Estate Law
Practice Area Overview
Real estate law refers to the body of laws that govern the buying, selling and leasing of property.
These laws cover a wide range of legal issues related to real estate transactions, including financing transactions, environmental law and title searches. Real estate laws and regulations vary from state to state, with some requiring a real estate license to buy or sell property. Attorneys in real estate law can help with issues that a real estate agent can’t.
Hiring a real estate lawyer or real estate law attorney can be essential for navigating the legal complexities of a home purchase or sale. Law firms specializing in real estate law can assist with legal issues related to real estate transactions, such as reviewing contracts and conducting title searches.
Real estate lawyers or attorneys are also typically involved in representing clients before the real estate commission or title company. Law school courses often cover real estate law, as it is an essential aspect of many legal practices. A full-service real estate law firm should have expertise in these areas:
Sales and Acquisitions
The representation of buyers and sellers in the acquisition and disposition of the various kinds of real estate including office buildings, retail centers, hotels, industrial properties, residential properties and manufactured housing communities.
Real estate attorneys can be equally essential whether the transaction is for residential or commercial property.
The examination of title to real estate, evaluation of title exceptions and negotiation of title insurance policies.
Land Use and Environmental
Land use entitlements, due diligence investigations, Brownfield developments and compliance with Environmental Laws and federal and state Endangered Species Acts.
The negotiation and preparation of development and construction agreements and the other documents required to develop and construct office buildings, shopping centers, mixed-use projects, free-standing units and industrial sites.
The negotiation and preparation of office, retail and industrial leases and long-term ground leases. A real estate lawyer may assist with:
- Drafting and reviewing lease agreements.
- Negotiating lease terms.
- Ensuring compliance with laws and regulations.
- Dispute resolution.
- Lease modifications and renewals.
- Handling lease terminations and evictions.
- Advising on subleasing and assignment.
The representation of lenders and borrowers in real estate secured loan originations, loan sales and purchases and other debt arrangements, including:
- Permanent financings.
- Construction loans.
- Bridge loans.
- Conduit loans.
- Mezzanine loans.
- Shared appreciation loans.
- Portfolios of non-performing loans.
A very large proportion of real estate transactions involve joint ventures between capital sources and developers. Therefore, a real estate firm must be in a position to structure and negotiate partnership agreements, limited liability company operating agreements, shareholder agreements and other forms of joint venture arrangements and advise on the tax aspects of the transactions.
Restructuring and Workouts
Not all real estate transactions are successful. Real estate lawyers, therefore, must be in a position to advise lenders, borrowers, partners, landlords, tenants and developers when a transaction goes bad.
This type of real estate law may involve transactional, bankruptcy, tax and litigation work. Restructuring and workouts often include:
- Loan modifications.
- Deeds in lieu of foreclosure.
- Discounted loan payoffs.
- Loan forbearances.
- REO sales.
- Joint venture modifications.
- Forced sales.
- Lease and development modifications.
- Receivership actions.
- Guarantee actions.
Litigation in the real estate area involves the representations of real estate owners, buyers, sellers, lessors, brokers, lenders and developers in, among other things:
- Contract disputes.
- Mechanics lien and construction disputes.
- Eminent domain proceedings.
- Title disputes.
- Loan service.
- Foreclosure issues.
Dave is a savvy, pragmatic problem-solver for clients involved in real estate, lending, and business. Dave's practice covers all aspects of real estate (including financing, development and work-outs), environmental law, corporate law, and business counseling. Dave also has an extensive creditor's rights practice, representing lenders both in court and out-of-court workouts, as well as protecting creditors' interests in bankruptcy proceedings. Dave has represented some of the area's largest r...
Eric Bartley specializes in complex commercial real estate finance transactions for national bank and non-bank lenders on both portfolio investments as well as investments intended for securitization in the capital markets. Specifically, Eric has served as lead counsel for clients in commercial mortgage originations – both senior and subordinate lien positions, mezzanine financing, preferred equity investments, and the related negotiation of intercreditor and participation agreements on...
Brian P. Foley represents financial institutions, companies, and individuals in real estate matters, with an emphasis on commercial real estate secured financing transactions. He also regularly advises clients, as both lead and local counsel, in purchases and sales of real property (including sales of lender owned property), real estate workouts and foreclosures, loan sales (both performing and distressed), leasing transactions, and other general real estate matters.
Jim is a pragmatic problem-solver, a trusted counselor, and a leading real estate lawyer. He was named Detroit Real Estate Lawyer of the Year in 2012. Jim's practice covers all the aspects of real estate, including financing, development, bankruptcy, work-outs, environmental law, land planning and assembly, complex zoning, leasing and foreclosures. Jim combines broad knowledge with practical sense, so he makes complex real estate transactions work efficiently and properly. On top of that, he ...
Michael Peterman has more than 30 years of experience as a finance and real estate attorney. He focuses his practice on real estate and commercial loan originations, real estate sales and acquisitions, and commercial leasing. He represents national and regional financial institutions in all areas of commercial lending with an emphasis on bi-lateral and syndicated real estate and construction originations and workouts, commercial and industrial asset-based loans, and international financing. I...
Mr. Scavone is chair of Bodman’s Real Estate Practice Group. He has represented banks and other financial institutions in a wide variety of complex, multi-million dollar, secured loans and other financial arrangements involving real estate. Such financings include mortgage loans, land acquisition and development loans, and construction financing for projects as diverse as shopping centers, apartment projects, office buildings, manufacturing facilities, residential developments, golf cou...
Dan is deeply-respected in the legal and business community. Clients rely on his wise advice and practical judgment. Dan has a broad practice with an emphasis on real estate, general corporate affairs, and resolution of business disputes. Dan has been active on behalf of financial institutions and real estate developers in matters involving real estate finance, complex zoning, land planning and land assembly, leasing, foreclosures and work-outs. Dan has assisted clients with asset and stock s...
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