Capehart Scatchard’s Real Estate Practice handles a wide range of real estate matters including sales and acquisitions, development and land use, financing, leasing and operations, workouts and litigation. We are better able to service clients with real estate needs by drawing from our Firm’s experience in other disciplines such as construction, environmental regulation, banking, corporate and litigation.
Residential Real Estate
We represent sellers and buyers regarding the sales and acquisitions of land and improvements- both new construction and resale. We represent landlords or tenants related to commercial leases, applicants for land development before planning and zoning boards, financing, leasing and operations, workouts and litigation.
Commercial Real Estate
We represent sellers and buyers regarding the sales and acquisitions of land and improvements- both new construction and resale. We represent landlords or tenants related to commercial leases, applicants for land development before planning and zoning boards, financing, leasing and operations, workouts and litigation.
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Members of the Real Estate Practice have extensive experience handling traditional real estate services such as the preparation and negotiation of contracts, leases, joint ventures, limited liability companies and related agreements, land use, eminent domain, restructurings, easements, title issues, zoning and the approvals process. We take an active role in representing our clients before planning and zoning boards in area townships and municipalities to ensure our clients’ interests are represented and the optimum results achieved. Our real estate attorneys are involved in sales and commercial leasing transactions concerning commercial, industrial, retail, banking and recreation.
Capehart Scatchard real estate lawyers have counseled owners, buyers, developers, builders, landlords and tenants on a state wide basis regarding the applicable federal, state, county, and local laws and regulations. We represent various applicants, assisting them in obtaining local governmental approvals such as major or minor site plan and subdivision, zoning variances, waivers or amendment to zoning code. We can navigate our clients before the NJ Departments of Environmental Protection, NJDOT, the Pinelands, enforcement actions, historic preservation, as well as other regulatory and litigation issues.
We represent owners, developers and tenants in real estate tax appeals.
Capehart Scatchard real estate lawyers have assisted clients subject to a condemnation proceeding during condemnation including the good faith negotiation phase. We have also prosecuted condemnation actions in New Jersey on behalf of our railroad client.
Most, if not all, real estate transactions require some type of environmental consideration. Our Real Estate attorneys focus on protecting buyers, sellers, tenants, and lenders from environmental risk. We offer advice to our clients concerning compliance with environmental regulations, permitting and operations, as well as issues surrounding the detection, effect and cleanup of contamination, both during operation and at the time of sale or acquisition. Our attorneys provide counsel in areas of environmental concern such as compliance with the Industrial Site Recovery Act (“ISRA”) and wetlands issues, water quality problems, and storm water management systems.
A portion of our practice has involved representing lenders, both institutional and otherwise in negotiating and documenting real estate financing transactions. We represent owners, developers, and tenants in land use matters and in securing tax assessment reductions and abatement.
Capehart Scatchard’s Real Estate Practice attorneys work closely with our Litigation Department to handle real estate-related litigation, including prosecuting and defending claims for specific performance, land use issues, contract disputes, construction matters, title defects, and environmental contamination claims to ensure the best possible result for our clients.
Capehart Scat chard’s Real Estate Practice attorneys have experience and an understanding of the emerging solar industry, including the drafting of leases and power purchase agreements related to solar projects. We guide our solar developer clients before local construction offices, zoning boards and planning board to obtain the necessary and application permits and approval for ground mounted systems, solar canopies and roof top mounted solar systems.
Capehart Scatchard’s Real Estate Practice attorneys have represented various homeowner associations in regard to amendments to Declarations, By-Laws and rules/regulations; enforcement actions and collection of unpaid assessment and in bankruptcy proceedings.
Our Real Estate Practice draws upon the broad knowledge of our banking and bankruptcy attorneys to successfully handle workouts, evictions, problem loans, negotiations with landlords or tenants. Our firm frequently represent secured lenders regarding mortgage loan restructurings and mortgage foreclosures.
Some of our representative matters include:
- Represent various clients in all aspects of real estate matters, including commercial, office and shopping center leases, purchase and sale of residential, commercial, and industrial real estate and title issues.
- Represent residential and commercial developers in zoning and land use issues.
- Represent landowners and prospective landowners with respect to state and federal environmental compliance issues.
Represent shopping center before local planning board in connection with expansion and upgrade of shopping center, relocation of existing tenants and negotiations of new tenant leases.
We represent a broad spectrum of clients which include owners, developers, lenders, landlords and tenants, public entities, and nonprofit organizations in New Jersey and beyond. Practice attorneys provide services to insurance companies, automotive, manufacturing, chemical, automotive, glass, construction and development companies, banks, schools and universities, institutional lenders, and businesses and corporations of various types and sizes.
Our real estate attorneys have represented owners, contractors, and developers in negotiating and executing construction documentation in a variety of construction projects. We take an interdisciplinary approach by consulting with our construction lawyers to avoid disputes or our Litigation Department to handle construction-related matters when litigation becomes necessary.
