Practice Areas · Real Estate

Real Estate Law

Real estate is the primary focus of Tabatchouk Law Firm. We represent buyers, sellers, investors, developers, landlords, tenants, lenders, condominium and cooperative boards, and other property owners throughout New York and New Jersey.

Overview

Practical guidance through every stage of the transaction

From a first home purchase to a complex commercial acquisition, financing, development project, lease or property dispute, our attorneys provide practical guidance through every stage of the transaction.

Our real estate practice includes
  • Residential Purchases & Sales
  • Commercial Purchases & Sales
  • Real Estate Investors & Developers
  • Commercial Leasing
  • Landlord-Tenant & Evictions
  • Land Use & Zoning
  • Condominium & Cooperative Transactions
  • Condo & Co-op Board Representation
  • Lender Representation
  • Private Lending & Mortgage Transactions
  • New Construction
  • Refinances & CEMA Transactions
  • Deeds & Property Transfers
  • Real Estate Litigation
01
From Contract Through Closing

Residential Real Estate

Buying or selling a home is a significant financial transaction, and the legal issues can begin long before the closing table. Our attorneys assist with contract review and negotiation, attorney review, inspections, financing contingencies, title issues and closing adjustments.

  • Single-family homes
  • Multifamily properties
  • Condominiums
  • Cooperatives
  • Townhomes
  • Investment properties
  • New construction
  • Estate & trust-owned property
02
Acquisitions, Sales & Transactions

Commercial Real Estate

Commercial transactions require careful attention to both the legal documents and the business terms of the deal. Our representation may include contract negotiation, due diligence, title and survey review, financing, entity considerations, leasing issues and closing.

  • Apartment & multifamily
  • Mixed-use buildings
  • Retail properties
  • Office properties
  • Industrial & warehouse
  • Development sites
  • Investment properties
  • Owner-occupied commercial
03
Counsel That Understands the Deal

Real Estate Investors & Developers

Timing, financing, ownership structure, development potential, existing leases, title issues and exit strategy can all affect whether an investment makes sense. Our role is not simply to identify legal issues, but to understand how those issues affect the transaction as a whole.

  • Acquisitions & dispositions
  • Entity formation & structures
  • Development projects
  • Financing & private lending
  • Portfolio transactions
  • Joint ventures
  • Land use & zoning
  • Real estate disputes
04
For Landlords and Tenants

Commercial Leasing

A commercial lease can govern a business relationship for many years. Our attorneys address rent, operating expenses, maintenance responsibilities, build-outs, assignment and subletting, renewal rights, defaults, guarantees and termination provisions.

  • Retail space
  • Office space
  • Medical offices
  • Restaurants
  • Warehouses
  • Industrial properties
  • Recreational facilities
  • Mixed-use properties
05
Protecting Property Owners

Landlord-Tenant & Evictions

Landlord-tenant matters can directly affect the operation, income and value of a property. We work to resolve these issues efficiently while protecting our clients’ ownership and contractual rights.

  • Nonpayment proceedings
  • Holdover proceedings
  • Evictions
  • Lease violations
  • Commercial tenant defaults
  • Possession disputes
  • Property damage
  • Security deposit issues
06
Navigating the Approval Process

Land Use & Zoning

The ability to acquire property does not always mean the ability to use or develop it as intended. We work with clients, architects, engineers, planners and other professionals to help move projects through the approval process.

  • Use variances
  • Bulk variances
  • Site plan applications
  • Subdivisions
  • Planning Board applications
  • Zoning Board applications
  • Redevelopment matters
  • Municipal approvals
07
Buyers, Sellers and Boards

Condominium & Cooperative Representation

Condominium and cooperative transactions involve issues that differ from traditional real estate purchases. We assist with contract review, due diligence, governing documents, financing and closing — and represent condominium and cooperative boards.

  • Transfers
  • Refinances
  • Governing documents
  • Corporate document review
  • Ownership issues
  • Board-related matters
08
Institutional, Commercial & Private

Lender Representation

We represent banks, credit unions, institutional lenders and private lenders in residential and commercial financing transactions. Lenders require accurate documentation, effective due diligence and an efficient closing process.

  • Purchase-money mortgages
  • Refinances
  • Commercial loans
  • Private mortgages
  • Hard-money transactions
  • CEMA transactions
  • Loan documentation
  • Closing & funding
09
Private Mortgage Transactions

Private Lending

Private lending requires careful documentation and attention to collateral, priority and enforceability. We represent private lenders and investors in loans secured by residential and commercial real estate.

  • Loan agreements
  • Promissory notes
  • Mortgages
  • Guarantees
  • Assignment documents
  • Title & lien searches
  • Closing
  • Payoffs & satisfactions
10
Purchasers and Investors

New Construction

Builder contracts, construction schedules, warranties, financing requirements, certificates and closing conditions can significantly affect the transaction. We represent purchasers and investors in new construction transactions and work to identify and address these issues before closing.

11
Borrowers and Lenders

Refinances & CEMA Transactions

Our attorneys represent borrowers and lenders in residential and commercial refinance transactions. In New York, we also handle CEMA transactions where appropriate, coordinating with lenders, title companies and existing mortgage holders.

12
Beyond the Traditional Sale

Deeds & Property Transfers

Not every property transfer involves a traditional purchase and sale. Before preparing a deed, we evaluate the reason for the transfer and any related title, mortgage, tax or ownership considerations.

  • Transfers between family members
  • Transfers into or out of LLCs
  • Estate planning transfers
  • Trust-related transfers
  • Changes in ownership
  • Business restructuring
Who We Represent

From First-Time Buyers to Sophisticated Investors

No two real estate clients have the same needs. Our attorneys adjust our representation to the transaction and the client rather than applying the same approach to every matter.

First-Time Buyers

A first-time buyer may need clear guidance through attorney review, inspections, financing and closing.

Investors

An experienced investor may be focused on timing, financing, ownership structure, title, leases and the ability to reposition the property.

Developers

A developer may need to evaluate land use and approval issues before committing significant capital.

Lenders

A lender needs to know that its documents and collateral are properly protected.

Our Approach

A Practical Approach to Real Estate

Real estate transactions rarely proceed exactly as planned. Inspection issues arise. Appraisals come in low. Financing changes. Title problems appear. Closing dates move. Tenants default. Municipal approvals take longer than expected.

Our role is to identify the issues, explain the options and help clients make informed decisions while keeping the broader transaction in mind. We work closely with clients, brokers, lenders, title companies, accountants, architects, engineers and other professionals involved in the transaction.

Real Estate Guides & Resources

Practical information to help buyers, sellers, investors, landlords and lenders understand common real estate issues in New York and New Jersey.

New Jersey Attorney ReviewBuying a Home in New JerseySelling a Home in New JerseyInspection IssuesMortgage ContingenciesAppraisal ProblemsTitle IssuesNew ConstructionNYC Condo & Co-op PurchasesCommercial LeasingLandlord-Tenant MattersLand Use & ZoningPrivate LendingCEMA Transactions

Discuss Your Real Estate Matter

Whether you are buying, selling, investing, developing, leasing, financing or dealing with a property dispute, Tabatchouk Law Firm provides experienced real estate counsel throughout New York and New Jersey.

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    Prefer to call?  NY 212.729.8479  ·  NJ 973.854.0917