Commercial Real Estate Issues
Commercial real estate issues can turn into expensive and time-consuming litigation. It is important to retain a Plymouth County commercial real estate lawyer early in the process to mitigate the chances of this happening. Commercial real estate issues can include ownership disputes, conservation disputes, financing disputes, boundary disputes, zoning issues and appeals, appeals of denied requests for variances or special permits, adverse possession, disputes over condominium development, or easement issues. At the Mehrmann Law Firm, based in Kingston, we provide knowledgeable counsel and representation to businesses with issues related to commercial real estate.Common Types of Commercial Real Estate Issues
Many different businesses may be involved in any commercial real estate enterprise. These businesses can include lenders, investors, developers, engineers, architectural firms, and local and state entities. These different parties may make decisions that have a significant impact on commercial real estate. We can negotiate with these parties and, when appropriate, pursue litigation to try to obtain a favorable outcome for your business, whether this is during the formation process or later in its life.
When commercial real estate is being purchased or sold, some of the issues that may arise relate to purchase and sale agreements, permits, titles, contracts, insurance, land use, zoning, leases, and taxes. On the South Shore, there are many areas that are designated as historical sites or that may be regulated for other reasons, such as environmental conservation of wetlands or protected woods. A commercial real estate attorney in the Plymouth area will understand which local zoning regulations may affect your ability to proceed with a commercial real estate enterprise, and we can represent your interests.
In Massachusetts, zoning is the use of ordinances and bylaws to regulate the use of land, structures, and buildings. Generally, they are adopted by towns or cities for the purposes of protecting health, safety, or welfare. Zoning rules allow you to use a parcel of property in specific ways. In some cases, certain uses are only allowed if a special permit is obtained. Special permits can authorize increases in the density of the population or the intensity of a specific use of a development. They may require the applicant for the permit to provide open space, low-income housing, pedestrian improvements, protection for solar access, or solar energy systems, among other things.
The authority that grants permits can hold a public hearing and grant a variance from the terms of an applicable zoning ordinance or bylaw. This variance may be allowed when the permit-granting authority makes a finding that due to circumstances such as soil conditions, topography, or shape, literally enforcing the zoning law or bylaw would result in a substantial hardship to the applicant, and it is possible to grant relief without substantially harming the public good or substantially deviating from the purpose of the zoning law. Sometimes the authority imposes conditions, limitations, or safeguards on the variance.
In a commercial property transaction in Plymouth or surrounding areas, commercial real estate lawyers are usually involved with the term sheet, negotiation, and contract completion stages. Attorneys are not allowed to act as both brokers and lawyers without providing a full disclosure and obtaining a signed waiver. An enforceable contract requires terms that are sufficiently complete and certain. The parties entering into the contract must have the present intent to be bound by the terms.
Under the Statute of Frauds, contracts for the sale of land are only enforceable if they are supported by a writing that includes the essential terms of the deal and the signature of the party against whom enforcement is sought. Generally, the scope of the terms to form a real estate contract need not be extensive. The terms of the deal are set forth in the agreement. They should include the parties' names, the legal description of the property, the purchase price, a mortgage commitment date, a closing date, and whether the fixtures will remain with the property, as well as seller credits. Sometimes there are contractual disputes related to a commercial real estate agreement, and it is important to have a skilled real estate litigator on your side to try to negotiate a less expensive resolution or take the case to trial as necessary.Consult a Sophisticated Plymouth Commercial Real Estate Attorney
It is possible to obtain sophisticated legal advice and representation in connection with commercial real estate issues in Plymouth County without hiring an in-house attorney. We are proud of providing superior legal services at a fair rate. Attorney Michael S. Mehrmann has the experience and skills to provide strong legal representation, whether it is related to a property transaction or to a partnership dispute or another aspect of running a business. We represent clients in areas such as Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury. Call us at (781) 585-3911 or use our online form to set up an appointment.