Real Estate Law

Our target clients consist of all individuals and businesses in the real estate industry, including real estate developers, brokers, lenders, property owners and managers, architects, engineers, general contractors, subcontractors, and suppliers.  The breadth of our services include transactional work and litigation in the areas of acquisition and transfer of real estate, land use and development, lending and financing, entity formation for owning real estate, real estate management, etc.  

Our real estate law attorney, James R. Danko, Esq., understands the issues faced by real estate owners, investors, and professionals.  In addition to owning and managing commercial real estate himself, he earned a Bachelor of Civil Engineering from Vanderbilt University, a Master’s Degree in Building Construction from Georgia Tech’s School of Architecture, a Juris Doctor from Santa Clara University, and partially completed a Master’s of Business Administration from Emory University.  Real estate is in his blood, and he is eager to share is knowledge and passion with you.  No matter issue you are facing, we can help!

Acquisition and Transfer

  • Advise and represent seller and buyers of commercial, industrial and multifamily properties

  • Resolution of title issues, environmental issues, survey problems

  • Drafting purchase and sale agreements and land lease agreements

  • Negotiating terms of sale

  • Managing and reviewing due diligence, including environmental assessments and inspection of the building systems

  • Structuring the form of ownership and operation of the property

  • Advising clients on complying with and taking advantage of Internal Revenue Code1031 exchanges

  • Buyer-seller disputes, including dispute occurring in the drafting and execution of a purchase contract and breach of contract

Land Use and Development

  • Advocating for clients before local and state land use regulatory authorities and boards and commissions

  • Obtaining and defending land use approvals for the desired uses

  • Defending against changes proposed for neighboring properties that would adversely impact value

  • Negotiate and obtain approval of special land use regulations and permits and approvals

  • Evaluation of opportunities for negotiation of special zoning regulations to enhance the development potential of the property

  • Analysis of land use regulatory constraints

  • Due diligence and feasibility studies

  • Obtaining historical designations

  • Easements, zoning, permit appeals

  • Drafting Covenants, Conditions and Restrictions for subdivisions, townhouses, and condominiums

Lending and Financing

  • Represent borrowers and lenders in secured lending transactions

  • Developing unique ownership and finance arrangements to increase feasibility

  • Identifying risks associated with the collateral and creating risk mitigating measures

  • Construction mortgage loans, commercial mortgage loans, Re-financing

  • Helping property owners obtain financing for improvements  

  • Advising and assisting lenders and owners in foreclosure actions

Formation of Real Estate Entities

  • Providing advice and legal counsel for structuring the form of ownership and operation of the real estate

  • Drafting operating agreements, shareholder agreements, partnership agreements, by-laws

  • Provide legal counsel for the creation, operation, and management of condominiums, cooperatives and planned communities

  • Condominium association representation, assessments, dues collection

  • Condominium formation and conversions

  • Acquisition and disposition of interests

  • Preparation of shareholder agreements

Property Management

  • Drafting and negotiating leases: commercial, retail, residential, multifamily, ground leases, build-to-suit leases, space leases, industrial leases, office leases, shopping center leases, etc.

  • Advising property owners on insurance related issues

  • Eviction of tenants and termination of tenancy, including for non-payment of rent, holdover tenant, breach of lease agreement, constructive eviction, etc.

  • Providing legal counsel regarding landlord-tenant disputes such as assignment or subletting, common area maintenance charges, operating expenses, rent increases, lease renewals or extensions, property damage and repairs, condemnation, insurance, taxes, maintenance, tenant uses (permitted use, exclusive use, change of use, etc.), gross sales audits, quiet enjoyment, alterations and improvements, relocation, subordination, and estoppel certificates

  • Creating or terminating UCC liens on tenant equipment, furniture, etc.

  • Aid property owner in property tax protests