Real Estate Representation and Litigation

The assistance of counsel can be invaluable when dealing with issues arising from real estate, including purchases, leasing, and, unfortunately, litigation. We can assist with a broad array of your legal needs involving real estate, and can refer you to experienced counsel in the event we are not able to assist you.

Listed below are some examples of situations where our representation was necessary.  If you are contemplating the purchase of a home, follow this link.

Buying or Selling Commercial Real Estate

A purchase of commercial real estate has similar aspects to a residential purchase, but will involve many additional "complications," typically including environmental inspections, review of rent rolls and income for a tenanted property, analysis of parking and other aspects for a particular intended use, and review of zoning. Retail operations at a mall have their own additional requirements.  Depending upon the size of the property, services of specialized appraisers, accountants, and other professional services, including environmental assessment professionals, may be necessary and appropriate. In some cases, we can provide all necessary legal services. In other cases, we can team up with other counsel to provide a comprehensive solution.

Commercial Leases

Whether your business is a "start up" or needs to expand to larger premises,, in addition to a good broker to find you the ideal space, it is helpful to have an attorney to review the proposed lease and address terms that are important to your particular business. Like most contracts, leases contain negotiable and non-negotiable terms, and your attorney can assist in tailoring the lease towards your particular needs. We also represent commercial landlords as needed.

Representative Situations

We have represented clients in the following situations:

  • Defended tenant against contractor in litigation over renovations to leased premises.
  • Defended developer in suit by lender for multimillion dollar deficiency on subdivision development loan.
  • Defended office condo owner in litigation by subcontractor to enforce mechanic's lien against condo.
  • Represented plaintiff prospective purchaser of residential real estate in suit for specific performance of contract to purchase real estate.
  • Defended landowner concerning boundary line suit, successfully raising defense of adverse possession.
  • Represented plaintiff contractor in suit against landowner concerning unpaid amounts due from major additions to existing structure.
  • Represented contractor in regard to dispute over professional services rendered and mechanic's lien against landowner property.
  • Defended third party defendant landlord in suit between former commercial tenant and successor tenant purchasing predecessor's business, including allegations concerning landlord repair obligations
  • Representation of buyers and sellers of residential real estate in purchase and sale transactions.
  • Represented purchaser of commercial office property, and representation of owners refinancing commercial property, renovations, and leasing to tenants.
  • Represented various tenant businesses  in leasing office space in multiple states.
  • Represented business seeking town meeting approval of zoning change in conjunction with construction of supermarket.
  • Represented business seeking variance to permit construction of office building, including grant of conservation easement to town.
  • Representation of charity in proposed land swap between two charitable organizations.
  • Represented homeowners before planning board and conservation commission in order to obtain change in special permit for cluster development, including transfer of conservation property.
  • Represented hotel seeking financing for major repairs and general liquidity for operations.
  • Represented hotel in initial negotiations for sale of premises and operations, including liquor license.
  • Represented hotel in extension of liquor license to include outdoor areas near church
  • Represented second generation of owners in formation of incorporated entity to hold real estate and operations, including related conveyancing and title work.
  • Assisted in creation of family limited partnership to hold multiple parcels of commercial real estate.
  • As co-trustee, oversaw completion of incremental sale of trust real estate to developer completing residential housing development.
  • Advised new business on legal issues with respect to potential sites for business, and financing issue.
  • Represented purchaser of forested parcel in current use with limited road access and easement issues.
  • Former chair of New Hampshire Bar Association Real Estate Section

Please contact us if you'd like assistance!