What is Real Estate Law?

Federal statutes, as well as state statutory and common law govern real estate transactions. Real estate law encompasses these statutes and laws, as well as property law matters. Real estate law includes a wide variety of legal issues relating to acquiring, financing, developing, managing, constructing, leasing, and selling commercial and residential real property of all kinds.

Homeowners' Associations

Our homeowners' association practice provides West Michigan homeowners' associations and cooperatives with comprehensive legal counsel on a wide array of issues. We are often called on to provide counsel on issues such as drafting documents for condominium communities, directing annual meetings and officer elections and formulating rules and policies.

Commercial Real Estate

We work with developers, owners, property managers, tenants, financial institutions and investors in all types of transactions from routine purchase agreements to complicated development plans. Among our clients are international corporations, local buyers and sellers of real property, landlords and tenants, and investment and property-management companies. Facilities range from Class A office buildings and convention centers to planned communities. Our real estate practice includes:

Commercial real estate matters often call for knowledge and expertise in specialized and related areas of law. As a multi-disciplinary firm, we have the professional staff and resources to address a broad scope of questions. Our real estate attorneys often work with members of the firm's corporate, banking and litigation practices to provide our clients with a full range of legal services.

Products Liability

We have substantial experience in defending various business and commercial product defect claims brought against a variety of different manufacturers and other corporations that sell products. We are especially skilled at developing factual and legal defenses for complex scientific and technical issues, including mold in housing and other structures. We focus on early strategic thinking with the goal of obtaining the best business result for the client. We are often asked to suggest methods of risk management to minimize the impact of an anticipated problem. We pride ourselves on developing a partnership with corporate counsel.

Mortgages: Real Estate Buyers

A mortgage is a lien on your property, placed by a bank or financial institution, for money that you borrowed from the financial institution in order to pay for the property. When a mortgage has been signed and approved, you will have the obligation to pay back the loan for the property, plus interest, and the financial institution will have the right to foreclose your property if you do not repay the mortgage. Sometimes a mortgage loan modification can prevent foreclosure. We represent individuals and businesses in the structuring of commercial and residential real estate loan transactions.

Mortgage Holders

We provide a range of services for mortgage holders, including:

• Collecting Delinquent Mortgage Payments
• Conducting Foreclosure Sales
• Bidding at Foreclosure Sales
• Obtaining Certificates of Title

Mortgage Foreclosure

We handle loan foreclosures for both residential and commercial properties. Our clients include private investors, public banks, and private financial institutions. We assist our clients through the entire mortgage foreclosure process.

• Notice of Default
• Notice of Sale
• Trustees Sale
• Real Estate Owned (REO) by Lender

Premises Liability

Premises Liability cases arise from injuries occurring in residential and commercial buildings, shopping centers and parking facilities, hotels and casinos, amusement parks, airports, healthcare facilities, nightclubs and bars, as well as universities and public schools. The general rule of law is that the owner or operator of the premises has a duty to keep the premises in reasonably safe condition or at least warn customers of a dangerous condition of which the owner or operator caused, knows about, or should know about. We have substantial experience in defending various businesses and individuals in premises liability claims.

Eminent Domain

The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Our firm represents clients in all aspects of an eminent domain proceeding.

Zoning and Planning

Zoning is the division of a city by legislative regulation into districts and the prescription and application in each district of regulations having to do with structural and architectural designs of buildings and of regulations prescribing use to which buildings within designated districts may be put. Our firm assists clients interact with governmental entities in issues of zoning, control of real estate development and use, environmental impact studies and land use planning laws which are implemented by local zoning and land use laws and ordinances.

Other Real Estate Services Include:

Buying a Home? Do You Need a Real Estate Attorney?

Yes, without reservation you should have an attorney after you execute a contract. A purchase contract is a legal instrument and the activities that occur in the course of its consummation (or possibly its termination) require legal expertise. This relates to inspection items, tax reprobation, escrow monies (and the return of such monies should you need to cancel the contract), contingency periods (specifically related to inspection and mortgage) and any other consideration that might lead to the fulfillment or the cancellation of the contract. In addition, your real estate agent is prohibited by case law in Illinois from attempting to provide legal counsel or serve as your legal representative in any manner.

Every real estate purchase has four components that require your being represented by a professional:

1.) An expert real estate professional to assist with your search, your find, your negotiation and the completion of your transaction.
2.) A mortgage professional to facilitate your getting the best terms available and ensuring the completion of funding tasks associated with the timing of your transaction.
3.) A professional home inspector to ensure that you are edified as to the true state of the residence that you seek to purchase.
4.) An attorney to protect and preserve your legal rights as related to this purchase agreement.

An attorney's role is to protect you. To not have an attorney would be terrible decision that, should anything go wrong in the course of this contract, cause you profound remorse and possible grave economic repercussions. In other words, the cost of an attorney in a real estate transaction is among the better investments you will make.

A Trusted Team:

Brian J. Plachta, Attorney, with more than 25 years of experience in Business, Corporate, Estate Planning, Probate, Elder, and Real Estate Law.

Miles J. Murphy, III, Attorney, with more than 24 years of experience in Family Law, Civil Litigation, Commercial Law, Personal Injury, and Insurance Subrogation.