Find Lawyers in Burlington, Vermont 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.
Catherine Dingle (formerly Kronk) is a founding member of MSK. She has extensive experience with a wide range of complex commercial transactions, including commercial finance. Kate has assisted clients in expanding their businesses and acquiring assets throughout Vermont, New York, New England, and Canada. Her practice also includes representing local Vermont companies and regional, Canadian, and other foreign businesses and banks in complex commercial transactions, such as large credit facil...
Jeremy joined MSK at its inception in March 2004 and became a member of the firm in January 2007. Jeremy’s practice focuses on commercial real estate law, in which he represents developers, property owners and municipalities in the acquisition, financing, permitting, development, management, leasing and sale of a wide variety of commercial, residential, hotel, resort and office properties. Jeremy’s practice additionally includes general commercial transactional law, including enti...
MICHELLE N. FARKAS firstname.lastname@example.org Michelle Farkas joined Gravel and Shea in 1999 after practicing at Goodwin Procter in Boston. At Gravel and Shea, Michelle focuses on complex commercial real estate transactions, representing developers and non-institutional investors in real estate acquisition, development, financing, zoning and land use matters. Michelle has extensive experience in assisting developers with establishing and managing condominium and planned unit developments, assisti...
Benjamin Gould has a dual practice in the areas of Real Estate Transactions and Captive Insurance Law. Ben represents parties in the purchase, sale, leasing, and financing of real estate in Vermont and Massachusetts, ranging from multi-million dollar commercial projects to residential dwellings and condominium units. Ben has particular experience in examining title to real property and resolving any issues that might be discovered. Ben’s real estate clients include prominent Vermont dev...
My Approach I strive to listen to my clients and provide thoughtful advice to help them achieve their goals and reduce risks. I am dedicated to providing useful strategies to my clients in a timely fashion. As a former teacher and university attorney, I am particularly adept at advising colleges and other institutional clients with their financial and business needs. My Vermont upbringing is an asset while navigating the intricacies of state and local real estate and land use law and practice...
Diane McCarthy joined Sheehey Furlong & Behm in 1997 and is a principal of the firm. She advises and represents clients in the purchase and sale of commercial real estate, leasing, and other real estate-related matters. Diane also advises clients in connection with business organizational matters, including the formation, dissolution, purchase, and sale of Vermont business enterprises. Diane is recognized by The Best Lawyers in America for her work in Banking and Finance Law, Corporate La...
Liam maintains a broad practice grounded in all types of real estate matters. Liam’s litigation practice focuses on property law, including disputes involving title and boundary issues, easements, adverse possession and prescriptive easements; public and private road issues; title insurance claims; land use, zoning and Act 250; construction, condemnation and tax appeals. In the course of his practice, Liam has represented landowners, developers, municipalities and neighborhood groups in...
Lewis K. Sussman joined Sheehey Furlong & Behm Of Counsel in 2018. Lewie has more than 40 years of experience as a real estate and estate planning attorney. Prior to joining the firm, Lewie practiced at the law firm of Pierson Wadhams Quinn Yates & Coffrin, LLP for many years. Lewie’s practice focuses on commercial real estate transactions, estate planning and administration, and general corporate work. He is recognized by The Best Lawyers in America for his work in Real Estate ...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.