Michael E. Eisenberg
Real Estate
Purchasing and Selling
Generally, when selling real estate, particularly residential real estate, an advice from an attorney is not always necessary. There are, of course, situations in which seller’s counsel is advisable and a consultation with an experienced attorney may help to define potential issues as well as assist in negotiating a contract with a real estate professional.
Further, if the seller has located a purchaser and does not need to market the property, Attorney Eisenberg has the experience and knowledge to prepare the purchase contract. If a real estate professional is engaged, another viewpoint, the viewpoint of counsel, could prove to be very valuable in the event of an issue that would not otherwise have been anticipated. When purchasing real estate, it is Attorney Eisenberg’s opinion that legal counsel is very important to protect the purchaser client and that representation is best initiated before the purchaser signs anything other than the consumer notice required to be signed by real estate professionals. Many people do not understand that the standard real estate contract changes over time and that it is negotiable as to all terms, not just price.
When purchasing or selling commercial real estate, there are often many issues that may arise with regard to the transaction. Notable issues are financing, pre-payment issues on loans, form of entity to purchase the property and the overall structure of the transaction.
Leasing
When leasing real estate, either as landlord/lessor or tenant/lessee, the contract becomes the law of the deal. It is important to know what is being proposed as well as what is stated in the lease contract. There is no such thing as a standard lease. While there are forms of leases, each may have been modified to the preferences of each landlord. Many leases have evolved over time and some parts may be non-negotiable and other parts may be fully negotiable. Attorney Eisenberg has written both complex commercial leases and residential leases from scratch as well as revised existing leases. Know what you are being asked to sign by having a professional review it in detail.
