Real Estate / Construction


Acquisition & Disposition

Buying or selling real estate? We can help you successfully complete your transaction, no matter how large or complicated the deal is or how many states it involves. You can rely on us to maximize your ease in the transactions when planning, structuring and implementing purchases and sales. Our legal team can provide you with focused advice and experience, giving both sides a smooth closing to realize the benefits of the bargain. Our experienced attorneys excel at anticipating and resolving due diligence issues, environmental liability, title, deed and other problems during negotiation.  Our clients have continued to rely on us for our ability to effectively negotiate the nuances of any real estate transaction and to "close the deal." We have a depth of experience in our real estate department that enables us to carefully, efficiently and cost-effectively serve the needs and interests of our clients.

 

Real Estate Development

We have been serving the diverse and complex needs of the real estate community for many years through its inevitable economic cycles and constant regulatory changes. Our real estate developer clients include local and regional developers.  Our real estate group works closely with our clients to ensure that the transaction structure ultimately utilized best meets our client developer’s financial and operational business objectives

Our real estate development team has extensive experience in the following areas within the real estate development practice:

  • Development of shopping centers, office buildings, hotels, industrial and mixed uses, medical/hospital facilities and multi-and single-family housing
  • Residential, commercial and mixed use condominiums
  • Condominium conversions
  • Property management
  • Permitting and land use issues
  • Design and construction contract issues
  • Residential subdivisions

 

 

Condominium

Our firm provides general counseling to condominium associations on all aspects of condominium association operation and legal compliance, in particular with regard to the Michigan Condominium Act.  We assist condominium associations in collection of unpaid condominium assessments from co-owners through the imposition and foreclosure of liens.

 

Eminent Domain

Our attorneys have represented a variety of clients on public takings issues. The representations have involved challenges to the damage awards, business interruption and loss of going concern claims.  We word with our clients to ensure they are paid fair market value for their property.  We have working relationships with the leading expert witnesses in this field.

 

Construction Law

Our firm has represented builders, suppliers, laborers and developers through all stages of construction projects.  We can assist you in construction contract drafting, negotiation and can assist if disputes arise.  We pride ourselves in assisting our clients to file construction liens to ensure their right to payment on a project and negotiating the most cost effective way to get paid on a project.

 

Land Development

Real estate development can be a complex maze of rules and regulations concerning zoning, land use and riparian rights.  Brandt, Fisher, Alward & Pezzetti has extensive knowledge of the legal issues involved in land development through our representation of developers, individuals and public entities.

 

Leasing

Our attorneys can help both commercial and residential landlords and tenants with lease drafting, negotiation and litigation in the event a dispute arises.

 

Landlord Tenant

Our firm can assist you in landlord tenant matters including commercial and residential leases, termination of tenancy, non payment of rent and effective collection of your judgment.

 

Land Contract

Our attorneys can help you or your business sell or acquire real property over time through the use of a land contract.  This is an alternative means of financing the purchase where the buyer pays the seller over time.  Land contracts, similar to mortgages, can be foreclosed or forfeited in the event of default.    In the unfortunate circumstance that there is default, our lawyers also assist client in forfeitures and judicial foreclosures of land contracts.

 

Land Use & Zoning

Our firm can assist owners and developers in getting their project approved, whether through the planning commission, township board, city council or other municipality.  We also assist clients in getting variances through local zoning board of appeals and if necessary challenging local governmental entities in court.

 

Oil & Gas

Our lawyers assist clients in lease transactions, operating agreements, business organization, regulatory compliance, environmental, real estate and litigation relating to oil and gas matters.  Our experience includes oil and gas leases, mineral rights, exploration issues, corporate formation, mergers and acquisitions and complex royalty disputes.

 

Property Tax Assessment Appeal

If you have received an unfavorable property tax assessment, we can provide you with advice about proceeding with a tax assessment appeal and can handle the appeal process from beginning to end.  Our attorneys are experienced in assisting corporate and individual clients through the real estate tax appeal process. Oftentimes real property is overvalued by the municipal assessor and as a result, a taxpayer is saddled with unfairly high property taxes. Not only are high property taxes burdensome for individuals and their families, but it is also a significant operating expense for owner occupied businesses and investment properties.

We will conduct a comprehensive and diligent review of annual assessments and advise whether an appeal is warranted and the probability of success. Our firm regularly consults with real estate experts when needed to insure the highest probability of success for our clients.

We believe in working with municipalities to negotiate an equitable settlement and only resort to the expense of a full blown Michigan Tax Tribunal trial if we feel it is absolutely necessary.  We always attach every matter with the understanding and anticipation of trying it; however, we only resort to this option and expense if our efforts to effectively negotiate the issue fail.