Almost every business or individual has real estate issues whether it is a lease for space, purchase of land or a building, construction or perhaps financing. The Tucker Arensberg Real Estate Group represents clients in negotiating, documenting, financing and closing real property transactions ranging from large commercial properties to individual residential dwellings. The group also deals with the legal aspects of development, land use, construction, leasing, easements and environmental issues affecting real estate on behalf of real estate owners and developers. Our attorneys have a broad range of real estate experience representing individuals, large and small businesses, developers, lenders, municipalities, school districts and other governmental bodies. Our attorneys assist you with the entire process including:

• Conducting initial discussions concerning proposed transactions.
• Negotiating between sellers and purchasers, landlords and tenants and lenders and borrowers with respect to pricing, debt and equity structures, choice of legal entities, environmental issues, and conditions of transfer.
• Assisting clients with obtaining their stated real estate goals while mitigating and allocating associated risks.

Within the general area of real estate financing, members of the group advise clients in the formulation of financing terms for transactions involving one lender or complex loan participation arrangements with several lenders, as well as financings that involve public agencies, taxable or tax-exempt bond financing and other non-traditional lending arrangements. This work includes the preparation and review of all required documentation. We are also prepared to advise clients on the securities aspects of real estate investments, income tax implications, and the structuring of transactions to maximize tax-related benefits or to minimize negative tax consequences. Tucker Arensberg lawyers also represent clients in:

• Zoning
• Subdivision
• Ownership regimes
• Condominiums and HOAs
• Building code compliance and enforcement
• Real property taxation
• 1031 Like-Kind exchanges
• Assessment appeals
• Exemptions from real estate taxes
• Local tax abatement programs affecting real estate

Our real estate attorneys collaborate with the firm’s Commercial Recoveries, Construction, Commercial Finance, Taxation, Environmental and Litigation groups to provide a full range of legal services to our clients. Our subsidiary company, Tucker Arensberg Real Estate Service Corporation (TARES), is agent for several national title insurance companies and performs the full range of title and closing services. We strive to consistently deliver prompt and efficient service to meet our clients’ needs in dealing with all aspects of real estate matters.

Representative Experience:

• Handled property damage and negligence claims including high value commercial losses.
• Represented a national real estate investor in the sale of a $5 million big box commercial property.
• Represented real estate developer in a successful application for a zoning dimensional variance to build a 9,000 square foot grocery store for a national retailer. This representation included negotiating a settlement agreement with neighboring objectors.
• Successfully defended a Fortune 500 Company in a real estate title issue. The case hinged on whether language in a deed created a fee simple determinable or a fee simple with condition subsequent.
• Obtained injunctive relief for a client who had a problem with an industrial/commercial tenant where the tenant refused to comply with certain key lease provisions.
• Representation of a developer in a municipality which was openly hostile to the project. The developer wanted to construct a facility that the municipality claimed was a conditional use which would require a public hearing and would take at least nine months for a decision. We worked with the developer to set forth facts in order to classify the use as a permitted use. We filed an action in mandamus and was able to obtain the applicable permits within 40 days from the filing of the action. Additionally, the municipality was ordered to pay counsel fees to the client.
• Thwarted quiet title action against commercial building in downtown Pittsburgh due to purported failed recording of mortgage.
• Corporate reorganization of real estate agency following franchise with national flag entity.
• Closed on multi-million-dollar acquisition of new business location for regional solar enterprise.
• Represented real estate broker in civil RICO case.
• Represented shareholders of several major real estate developers in shareholder disputes.
• Represented real estate lender in claims against Veterans Administration for breach of contract.
• Represented commercial warehouse developer in the drafting and negotiation of multi-year option and purchase agreements for the rezoning and redevelopment of farm and residential properties into large warehousing complexes.
• Represented landowner in ground lease and farm products agreement for the construction of a manure digester on his property.
• Counseled commercial property managers, and litigating claims related to property management.
• Eminent Domain recovery for clients whose property has been taken by public agencies.
• Real estate litigation, including seller disclosure disputes.
• Landslide and condemnation litigation.
• Water runoff and property disputes.
• Railroad carrier property issues.
• Assisted client in taking land by eminent domain for a road project and prevented costly delays by getting objection to the taking dismissed without a hearing.
• Represented clients in the sale of businesses in a variety of industries including, medical practices, small or family-owned businesses, restaurants, franchisees, and service providers.
• Represented clients in the sale of commercial real estate.
• Represented landlords and tenants by drafting and negotiating commercial leases, including leases in downtown Pittsburgh and the surrounding areas, for office space, medical space, or restaurant space.
• Represented a corporate client with the sale of their former headquarters building and purchase of their new headquarters building utilizing a 1031 tax-deferred exchange.
• Represented real estate developers and retail organizations before EEOC and PHRC.
• Prosecuted and defended claims against persons or entities which cause significant property damages.
• Real estate litigation involving shareholder disputes, contract claims, collection actions/foreclosure, commercial lease evictions/collections, partition actions and quiet title actions.
• Worked with clients on corporate/commercial and real estate matters namely entity formation, drafting policy and procedures, acquisitions, dissolutions, real estate acquisition, contract drafting/negotiation as well as lease drafting/negotiation.
• Drafted and negotiated contracts and agreements.
• Prepared and reviewed titles, leases and mechanic’s liens.
• Representation on a wide range of matters from shareholder/member agreements and foreclosures to torts and employment matters.
• Represented clients in state and federal courts and in alternative dispute resolution forums.
• Represented clients on claims involving construction of commercial buildings, power plants, churches and residential buildings.
• Advised contractors and developers with reorganization and refinancing matters.
• Represented school districts in special education matters including due process litigation.
• Handled real estate transactions including purchases, sales, leases, and condemnation proceedings.
• Represented both landlords and tenants in a wide variety of commercial leasing transactions, including creating, maintaining, and negotiating standard-form lease agreements and related documentation for landlords managing a portfolio of properties and tenants with leased locations in multiple states.
• Purchases and sales of commercial and residential real estate.
• Lease development and counseling on lease disputes and interpretation.