Flaster/Greenberg attorneys include some of the most recognized and respected names in the real estate industry. We represent a variety of industry participants in virtually all aspects of real estate ownership, development, and financing from acquisition to development approvals to project leasing and/or sale, from complex real estate joint ventures to environmental litigation. Our clients are equally diverse, including the individual buying or selling investment property at the Jersey Shore, the local and national real estate lender, and the local and national developer building 1,000 residential units in the suburbs, large-scale shopping centers, or office and industrial complexes throughout New Jersey. Our firm serves as counsel to the New Jersey Builders Association and to the Builders League of South Jersey. In real estate as in other practice areas, our attorneys take a practical, creative and integrated approach to achieving clients' objectives. We believe that our clients are best represented when their attorneys can understand and deal with an integrated business, not just narrow legal technicalities.
Purchases And Sales of Real Estate
We provide assistance through all phases of the purchase and sale of real estate assets, from price negotiations through closing, and whether the transaction involves a single property or a portfolio of commercial properties in multiple states. Because we have experience representing buyers and sellers, we are adept at handling the typical and not-so-typical problems that can arise in real estate transactions. These problems can range from creative resolution of title defects to financing problems to contaminated soil. Frequently, we are able to assist clients in designing and implementing solutions that permit even the most difficult transactions to go forward.
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Residential and Commercial Development
Representing a wide variety of residential and commercial developers, our attorneys regularly deal with all significant real estate product types including shopping centers, office and industrial complexes, restaurants, automotive and truck dealerships, golf courses, single-application commercial uses, residential subdivisions and multi-family and low-income housing projects. We structure and create both commercial and residential condominiums and associations, including obtaining approvals under the New Jersey Planned Real Estate Full Disclosure Act. We leverage our experience into practical advice and representation regardless of the type of development contemplated.
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Land Use and Planning
State and local zoning, land use and environmental laws can sometimes appear to represent a crazy quilt of impediments to the construction or development of real estate. We help streamline the process, obtaining all required development approvals from Municipal, County, State and Federal agencies. We have extensive experience in litigating against those same authorities, when necessary.
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Condemnation
Our real estate attorneys have been instrumental in resolving condemnation issues faced by both property owners and tenants. We help with pre-condemnation planning, challenges to condemnation, determining just compensation, and litigation of claims.
Among the services we provide are:
- Analyzing zoning/planning issues, and the potential damages that might arise;
- Fighting challenges to condemnation such as blight determinations and public purpose;
- Working to obtain just compensation;
- Helping with relocation claims;
- Litigating claims in both federal and state courts.
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Tax Appeals
Recognizing that real estate tax can place needless burdens on landowners if improperly assessed, we represent landowners in tax appeals at the County Board and tax court levels to secure reductions in over assessed property of all types.
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Transfer of Development Rights (State and Pinelands)
We represent property owners in the creation, separation, transfer, and purchase of Transfer Development Rights, and for land in the Pinelands - Pineland Development Credits.
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Financing
We recognize the critical role that financing plays in many real estate transactions, and are well versed in the complexities of acquisition, construction, and development and permanent financing. By actively representing buyers, sellers, developers, lenders, and others, we understand the perspectives of all parties to a real estate financing transaction.
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Environmental Issues
Environmental (water, sewer, drainage, wetlands, waterfront development and toxic and hazardous substances) laws and regulations can themselves be hazardous to the purchaser or developer of real estate. Our environmental attorneys have many years of experience dealing with these laws and regulations and the Federal and State agencies that implement them. We realize that the best way to deal with environmental laws is before the fact, identifying potential problems before they arise.
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Joint Ventures
In today's market, real estate projects are often the result of collaboration between two or more parties. Establishing and operating a successful joint venture requires legal knowledge of tax and commercial law as well as real estate law, making our integrated approach to legal practice especially helpful to the client contemplating a joint venture. Joint ventures may take the form of limited liability companies, partnerships, corporations, or simple contractual arrangements. No matter what the situation calls for, our highly experienced attorneys can craft a joint venture structure appropriate for the project at hand.
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Commercial and Residential Real Estate Leases
Representing both landlords and tenants in the negotiation and enforcing of commercial and residential leases, our attorneys have a deep understanding of the legal and business issues involved on both sides of the equation. Our commercial leasing practice encompasses the full spectrum, from the short-term lease of a small office suite to complex agreements for anchor tenants of large shopping centers, and everything in between. We also understand that with commercial and residential leases, as with other legal documents, there is no one size that fits all.
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Integrated Tax and Business Planning
The real estate industry is heavily influenced by tax considerations---Federal and State income taxes as well as local real estate taxes. With its strong tax capabilities, Flaster/Greenberg has attorneys who offer extra skill and advice from a practical perspective to the firm's real estate clients. We can help to: structure joint ventures to maximize tax advantages; guide buyers and sellers of real estate through the complexities of a like-kind exchange, or farmland assessment rollback taxes; assist in reducing municipal assessments through timely appeals; devise legal strategies to minimize ordinary income and maximize capital gain, and otherwise help to ensure that tax considerations are given their due consideration in the overall planning for our clients.
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Litigation and Dispute Resolution
Our attorneys are experienced at handling real estate disputes in a variety of tribunals, from the state and federal court systems to arbitration and mediation. Where possible we try to resolve disputes without litigation, knowing that the time and money devoted to litigation can often be used to better effect elsewhere. Where litigation is the proper alternative, however, we have the knowledge and experience to vigorously protect and defend the interests of our clients.
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Liquor Licenses
We have many years of experience in all aspects of liquor licensing, including obtaining new licenses and transferring or expanding existing licenses.
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