New York Real Property Law Practice Areas
Residential Real Estate
For most families and many businesses, purchasing and selling real estate is the single biggest investment decision they make. Our firm works to ensure that both sides to the transaction get what they bargained for. We will review and negotiate purchase and sale agreements to build contingencies that account for potential risks our clients may incur, properly allocate fees and costs, review title and assist with the closing to ensure that the sale goes smoothly. Even basic real estate transactions involve potentially complicated contractual issues. We create value for our clients by bringing years of experience and attention to detail to every deal, no matter how large or small. The goal is to close your real estate transaction as you planned, while protecting against problems that may arise in the future.
Commercial Real Estate
Gillberg Law Firm’s attorneys are experienced in navigating all aspects of the purchase or sale of commercial/investment property and ancillary acquisition of a business. The attorneys at our firm advocate for our clients throughout the contract negotiations and mitigate risk for them through the drafting of the purchase and sale agreement and asset purchase agreement.
We guide and counsel our clients through the due diligence period and environmental review stage and offer strategies for resolutions of any issues discovered during this time. Furthermore, after consultation with our client’s accountants, we form the appropriate entity to hold title to the property and also form the entity which will allow them to operate the business.
Our attorneys and legal team also review all leases for active tenants in the property, as well as review tax filings for the operating business, and review and negotiate any commercial lending documents in advance of the closing. The collective experience of our attorneys and legal team fosters a foundation of knowledge and sophistication that affords us the opportunity to adeptly guide our clients through the acquisition process, while mitigating risk and protecting their investment in the real property and business.
Business Entity Formation
Whether you are forming a start-up business, or acquiring or restructuring an existing establishment, we will work with you and your accountant to review the many factors that come into play when determining what options are available to you when forming your business entity. Contractual obligations, governmental restrictions and tax implications all play a role in determining your entity structure. Our firm will help sift through all of the details and present your best course of action.
Residential and Commercial Mortgage Settlement Services
Our firm is authorized to close mortgage loans for dozens of local and national lenders. We are a registered settlement agent with ShareDiligence and Secure Insight, national third-party risk management service providers specializing in vetting lender settlement agents. Our firm has adopted and adheres to the seven pillars of ALTA Best Practices for Title Insurance and Settlement Companies, and carries extensive insurances, fidelity bonds and cyber security protection. We utilize state-of-the-art technology and employ a top-notch team of closing coordinators.
Title Review and Title Insurance
Similar to conducting a physical inspection of the subject property prior to closing to determine that it is free from structural or mechanical defects, we also conduct a search of public records to determine that legal title to the property is free from unresolvable defects. The search will confirm current ownership and existing liens, restrictions and easements that run with the land on the property in question, as well as tax status and any judgments or bankruptcy filings by interested parties that might affect sellers being able to pass clear title to the buyer. This search is converted into a title report, which is reviewed thoroughly by our attorneys and the findings are reviewed with buyer and seller prior to closing. Many title defects are able to be resolved prior to closing, and policies of insurance are issued protecting the new homeowner and their mortgage lender, if applicable. On occasion, defects may be uncovered that prohibit sellers from conveying clear titles. For more detailed information about title insurance, please see our 3G Title Services LLC page on this website.
Adirondack and Waterfront Properties
Purchasing a waterfront property in the Capital District or Adirondack Park is greatly different from purchasing a typical residential property. There are often many layers of due diligence that need to be undertaken by a buyer, as well as permit acquisitions from state and local regulating agencies for waterfront rights and/or dock rights. These transactions also involve environmental concerns regarding septic systems, water treatment systems, and stormwater runoff that affect both purchasers and sellers. Our firm helps to guide both buyers and sellers through the process to ensure that the process to bring the transaction to the closing table will be smooth and efficient with all rights properly transferred.
New Construction
Purchasing a new construction home entails a different process than that of purchasing an existing home. Our firm explains the Builder’s contract and building process to Purchasers in detail and guides them through the necessary legal requirements of the contract so that the building process can proceed smoothly. We also guide Purchasers through the lending process, as the financing process will be different for a newly constructed house than an existing house, and there are nuances to new construction loans and construction loans that we will explain in detail to minimize surprises and to facilitate the communication between the Purchaser, Lender and Builder so the closing can occur timely.
Homeowner’s Association Matters
We have experience representing Developers with submission of their homeowner’s association and condominium association submissions with the New York State Attorney General for both large and small projects and representing Associations during and after control has been turned over by the Sponsor to amend or adopt policies, rules or their governing documents.
Land Use and Development
Land use is becoming more complex, and it can be challenging for landowners to navigate through the various state and municipal rules and regulations to achieve timely approval of their residential or commercial project. We guide our clients through the processes necessary to obtain zoning and building approvals in a timely fashion, with the client’s timeline and financial resources consistently in mind.
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