Our real estate practice has been a critical focus for Thrift McLemore since the founding of the firm.
Our real estate team works closely with our firm’s litigation, dispute resolution, and business law teams to provide you with the best advice and counsel for whatever issue you face. We have significant experience in many facets of real estate law, including the following:
Commercial Leases
Our team is well versed in commercial real estate leases and purchases. We work one-on-one with our clients to review potential lease contracts and protect clients from future liabilities. We can also assist in all aspects of leasing a commercial building – including negotiating commissions, leasing agreements, development agreements, construction contracts, and other landlord concerns.
Construction Defects
When a client decides to build rather than purchase or lease an existing real estate building, it increases the risk of construction defects. Leasing or purchasing an existing building can also lead to defects —incurring additional costs, delays, and challenges. Our real estate attorneys are experienced in handling construction defects. We will work to diffuse the situation swiftly and efficiently, earning back valuable time for our clients.
Contract Disputes
Many issues involving real estate arise from contract disputes. For example, the apartment doesn’t comply with the leasing agreement, or the closing did not occur on the contractual date.
Whatever your issue, our team has seen it all and advised clients to help them reach their goals.
Evictions
While no one enjoys evicting tenants, it is sometimes a necessary part of real estate ownership. We have helped clients on both sides of this issue, and we are happy to advise on the best course of action.
Landlord Tenant Disputes
Real estate transactions between landlords and tenants are rife with problems. Landlords, avoid serious issues by having appropriate legal counsel and covering your bases.
The attorneys at Thrift McLemore are experienced in drawing up leases, lease signings, handling eviction processes, addressing hidden and additional costs, subletting, and insurance. Leasing commercial properties have additional factors to consider, such as zoning laws and property used for businesses. An experienced real estate attorney can ensure that the property and lease terms are suitable to your needs.
Latent Defects
Issues can arise from your new acquisition even after a sincere inspection of the property. Thrift McLemore has experience fighting to fix the unaddressed problems after closing. We can help you get the relief you need involving a defect with your property.
Promissory Notes
Our experienced attorneys can draft and execute promissory notes, which are written promises to repay a loan.
Partition Actions
There are many models for people to own real estate together. Tenants-in-common, joint tenants with the right of survivorship, or a life estate are a few examples. Partition actions are lawsuits pertaining to a property or land’s disposition when joint owners cannot agree to a common course of action.
We have dealt with many of these issues and can advise you on potential pitfalls and next steps.
Purchases and Sales
Whether you decide to buy or sell real estate on your own or use the help of a real estate agent or broker, a real estate attorney can be an incredible asset. For example, our attorneys can review and create contracts and assess the commissions to be allotted to the agent or broker.
Quiet Title
Perfecting your title to land can be a significant hurdle to cross when trying to sell a piece of property. Our real estate team has experience helping people perfect their title, including the quiet title. If you need help selling your property or securing your ownership, consult us today.
Zoning, Planning, and Land Use
Local laws for zoning, planning, and land use controls how the property is being used. Zoning laws regulate building construction. When violated, zoning laws can lead to expensive payouts and serious consequences.
We can ensure that the commercial or residential buildings and their use align with local laws.
Forming an LLC for real estate investments offers asset protection, tax flexibility, simplified management, and privacy along with shielding personal assets from legal issues and allowing for better financial recordkeeping. Moreover, a well-drafted LLC operating agreement provides continuation of management in case of incapacity or death and provides your business with credibility.
Building a custom home is a complex process with numerous potential legal and financial pitfalls. An experienced real estate attorney can help protect your interests and avoid costly mistakes by reviewing contracts, verifying contractor qualifications, clarifying project terms, managing change orders, and coordinating with lenders.
Real estate attorneys at Thrift McLemore answer questions about quiet title actions in Georgia, typically used to resolve property disputes, clear title defects, and establish rightful ownership to property.
Typically held in escrow, earnest money is a buyer’s deposit showing good faith in a home purchase. Usually, earnest money is refundable if the buyer used good faith and the contract includes common contingencies, including appraisal, inspection, and financing contingencies.
As Atlanta housing real estate values continue to increase, understanding important legal terms and concepts becomes even more important. Legal title to property refers to absolute ownership of the property, including the right to use the property as you wish, while a deed is the legal instrument used to convey that legal right.
In Georgia, adverse possession allows someone to gain legal ownership of another’s property by using it openly, continuously, and without permission for 20 years (seven with written title). To protect against adverse possession claims, owners should take legal action against trespassers as well as maintain, inspect, and clearly mark boundaries.