• practice-areas

Real Estate

The real estate market conjures up feelings of confusion, frustration, and uncertainty among consumers and investors alike. This uncertainty is further fueled by the frequent changes in law, government mandates, and the policy of many lenders regarding existing mortgages and the distressed assets that go along with them. Pinkert and Marsh, PA, is equipped with the knowledge and know-how to help clients navigate through and understand the variety of laws, options, and obstacles affecting the real estate market today. Whether it is in the context of residential mortgages and the implications of the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), foreclosures, and short sales or in the commercial context dealing with the modification of existing mortgages, the purchase and sale of commercial real estate, and helping foreign investors understand the Foreign Investment Real Property Tax Act (FIRPTA), we know that obtaining the best result for clients hinges on detailed knowledge of the current market and associated legal principles.

Commercial real estate transactions can be complicated and invariably encompass many legal practice areas. There are legal issues that run from putting together a commercial real estate transaction through closing of the transaction and beyond. For example, in any given commercial real estate transaction, putting together a deal that is an attractive lucrative investment for a particular client means in addition to locating the right commercial property, negotiating optimal terms, drafting and reviewing a purchase and sale agreement that adequately captures the terms, and closing the deal with the assurance of clear title to the property and the added security of title insurance. However, even after closing issues may surface relating to breach of contract, insurance coverage disputes, partnership disputes, property leases, mortgage modifications, and updating title insurance based on modification of the existing mortgage. It is important to have the right legal counsel to help navigate through and find solutions for these issues as they arise.

Additionally, it is equally important for today's practitioner to be well versed in residential real estate law and attenuating legal issues within the context of commercial real estate. Commercial real estate contemplates land development for not just retail and business use, but also residential use such as condominiums or multifamily housing buildings. For developers and financial institutions investing in real estate for residential use, the application and interpretation of RESPA and TILA and the current rate of foreclosures and short sales are relevant and formidable issues to tackle. Again, it is key to have legal counsel with the requisite knowledge to steer clients through the intricate details, providing the appropriate advice and solution.

Pinkert and Marsh, P.A., offers comprehensive real estate transactional and litigation services. Additionally, as title agents for Attorney's Title Insurance Company, the Firm provides complete title insurance services and document preparation for the closing of real estate transactions. The firm is able to provide legal representation relating to commercial and residential foreclosure, commercial loan modification, mechanic lien foreclosure, ejectment and eviction, buying and selling of businesses and/or assets, and complex commercial litigation. As discussed above there are many practice areas encompassed in real estate law and Pinkert and Marsh, P.A. has the knowledge to help clients navigate through this maze of multiple and complex issues.

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1500 San Remo Avenue
Suite 275
Coral Gables, FL 33146
Tel: (305) 670-9000
Fax: (305) 670-0888
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