Real Estate

Post & Schell’s multi-disciplinary Real Estate Practice Group is composed of attorneys from our Commercial Litigation, Construction, Corporate, Environmental, and Tax Practices. As a group, they provide clients with counsel and representation related to the full life-cycle of real estate transactions, including: 

Corporate and Transactional

•  Assistance securing and negotiating terms of financing for acquisitions and project development, including equity and debt financing, and negotiation of environmental issues related to financing.
• Drafting and negotiating Purchase & Sale Agreements, loan documents, and other contracts.

Commercial Litigation and Construction

• Construction-related issues that arise before, during, and after the transaction, including mechanics’ liens, contractor agreements and contracts, and code compliance.
• Counsel related to subdivision and land development disputes, zoning issues, land use, civil rights litigation, highway occupancy permit issues, fair housing issues, and eminent domain litigation.
• Representation in litigation related to real estate transactions, including mediations and arbitrations.

Environmental

• Pre-acquisition environmental diligence and risk assessment.
• Selection of third-party consultants and development of scopes-of-work tailored to the needs of particular transactions.
• Drafting and negotiating environmental reps and warranties, covenants and indemnities in Purchase & Sale Agreements and loan documents.
• Evaluation of environmental permitting, auditing, and compliance, including stormwater permitting, sewage facilities approval, wetlands mitigation, tank removal, hazardous substances remediation, and related issues.
• Brownfield remediation and redevelopment counseling and funding assistance. 
• Structure and negotiation of specialized environmental insurance products to address and mitigate risk.

Tax

• Counsel on federal, state, and local tax concerns related to the transaction, including tax structure and litigation avoidance.