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REAL ESTATE

The Real Estate group at Moss & Barnett is composed of seasoned, pragmatic and responsive practitioners who are pledged to protecting the legal rights of clients while working collaboratively with opposing parties to achieve ultimate closure. This practice group works regularly with developers, lenders, buyers, sellers, landlords and tenants, business owners and property management companies. We also work with title companies, surveyors, brokers, environmental consultants, appraisers and governmental entities.

The services offered by our real estate group include:

  • Buying and selling real estate
  • Retail, industrial and residential development
  • Communications and power transmission infrastructure development
  • Commercial leasing
  • Environmental compliance and assessment
  • National Environmental Policy Act (NEPA)
  • Use of tribal lands and non-tribal lands with religious or cultural significance
  • Land use regulation and zoning
  • Representing borrowers and lenders in local and national financing and refinancing
  • Government-assisted housing programs
  • Condemnation
  • Real estate tax protests and appeals
  • Boundary line disputes
  • Title to registered lands (Torrens proceedings)
  • Title insurance matters
  • Identification and resolution of title and survey problems
  • Receiverships
  • Real Estate
  • Tax deferred exchanges
  • Tenants in common investments and ownership structures

Financing Transactions

Several of our real estate practitioners routinely represent lenders in a wide range of financing transactions for a variety of real estate projects, including construction loans, forward commitments, bridge and term loans, permanent loans, and revolving lines of credit. These transactions may include a single property or consist of a complex multiple-property pool transaction in multiple jurisdictions.

Multifamily Housing Finance

Our attorneys are recognized nationally for their work in multifamily housing finance involving the closing and delivery of loans secured by multifamily projects to secondary market investors such as Freddie Mac and Fannie Mae. They have developed relationships with these investors and expertise in understanding evolving program requirements and documentation. These practitioners have a diverse experience in closing loans secured by multifamily product, whether it is market-rate or affordable, senior housing or assisted-living facilities, condominiums or cooperatives, new construction or rehabilitation. Clients include some of the nation’s largest real estate investment banks, national and state banking associations, and life insurance companies.

National Wireless Communication Providers

Many of our real estate lawyers work with national wireless communications providers in the acquisition and development of wireless network infrastructure, including the related electrical, fiber optic and wireline facilities to support those systems in a number of states throughout the Upper Midwest.

This group also handles the acquisition, development and zoning of regional switching centers and cell site zoning, as well as the acquisition of a multitude of various real property interests acquired from other carriers. These projects include a number of issues that all developers should consider, including:

  • The environmental condition of the real estate
  • The National Environmental Policy Act (NEPA)
  • Issues related to Native Tribal lands and non-Tribal lands with cultural or religious significance
  • Title to real estate
  • Standardizing agreements with current landowners for the conveyance of lands that need not be condemned
  • Analyzing the business risks attendant to acquiring below-par property

To this end, our lawyers work directly with the client’s outside environmental and acquisition consultants as well as the client’s non-lawyer employees.

Extranet

In order to perform our work efficiently, we have refined a system that uses a secure, web-based Extranet to track project status and manage document flow, without compromising confidential information. This system is available to clients on a selective basis.
Related Firm News and Articles
Four New Attorneys Have Joined the Firm
(June 2008 Firm Newsletter)
Moss & Barnett Announces New Shareholders for 2008
(January, 2008)
Charles A. Parsons, Jr., and Moss & Barnett Named to Chambers USA for 2007
(July, 2007)
Charles A. Parsons, Jr., Honored With Distinguished Service Award
(December, 2006)

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News Headlines


News

Real Estate

[08/15] General Shopping Brasil Posts 74.3% Increase in Gross Revenue in 2Q08 and 67.6% in 1H08. Adjusted EBITDA Rises 96.0% in 2Q08
[08/15] Cyrela Announces 56% of the Sales Speed of 2Q08 Launches and 60% Growth in 1H08 EBITDA

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Case Summaries

Landlord Tenant

[09/03] Ritchey v. City of Independence
In an employment action under Title VII and 42 U.S.C. section 1983, summary judgment to defendant is affirmed where: 1) defendant presented independently verifiable evidence of a good faith non-retaliatory reason for plaintiff's discharge; and 2) plaintiff's claims were tied to no provision of the Constitution.

[08/27] 216 Jamaica Ave., LLC v. S & R Playhouse Realty Co.
In a case involving the enforceability of a "gold clause" contained in a 1912 lease agreement, which required payment of rents to be in gold coins, a judgment against plaintiff-owner who tried to enforce the clause is reversed and remanded where: 1) contrary to the ruling below, the clause is enforceable; and 2) a remand was necessary for the district court to interpret the clause, to determine the obligation it imposes on the lessee, and to address any other defenses in the first instance, including lessee's estoppel-by-deed and waiver defenses.

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Property Law & Real Estate

[09/04] Schaffter v. Creative Capital Leasing Group
In a contract claim related to a real estate transaction, judgment in favor of plaintiffs is affirmed over claims of error that: 1) the court erred by finding defendant defaulted under various agreements with third parties to purchase condominiums, thereby triggering its responsibility under a Buyer Broker Compensation Contract to pay it commissions; 2) there was no default because the developers pursued no damages against defendant and opted to cancel the agreements; 3) the Buyer Broker Contract and identical contract with plaintiff's assignor are void because they did not contain a date certain for their termination; and 4) assignment of rights to commissions is void because it was made prematurely.

[08/29] Trammell Crow Cent. Tex., Ltd. v. Gutierrez
In a negligence suit alleging that the property manager of a shopping mall failed to provide adequate security, resulting in a criminal attack in which the victim was killed, affirmation of judgment in favor of plaintiffs is reversed where the criminal attack was not foreseeable, and defendants had no duty to protect invitees on their property from third-party criminal acts.

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