Real Estate Law
The firm’s Real Estate Law Practice Group represents clients, including financial institutions, in a variety of real property transactions, from basic to complex. We are regularly involved with all types and levels of transactions relating to commercial, industrial, and manufacturing properties, including acquisitions, development and construction, sales transactions, leasing, and real estate financing. We assist in the negotiation and structuring of all types of real estate transactions and we prepare and review the documentation relating to all such matters. We take great pride in being able to counsel our clients with respect to all phases of real estate transactions, from the very first expression of interest to closing. Our lawyers also provide professional services to lending institutions in the form of real estate trusts and other commercial and residential real estate matters.
Our team, led by Scott Rothman, is prepared to assist in the acquisition, disposition, financing, development, leasing and operation of all types of property, including office buildings, residential developments, mixed-use developments, apartment complexes, hotels, restaurants and more.
The scope of our real estate law practice includes:
Real estate litigation: We resolving all types of real estate dispute, including boundary line and easement disputes, foreclosures and bankruptcies, contract disputes, and property tax and condemnation matters.
Commercial real estate agreements: We represent buyers, sellers, lenders and other parties in all aspects of commercial real estate agreements, including negotiations, due diligence, and drafting of deeds, mortages, easements and other recordable instruments affecting rights to real estate.
Residential purchase and sale agreements: If you are buying or selling real estate in Pennsylvania, we can safeguard your interests.
Leasing: We represent commercial landlords and tenants in all types of commercial and retail leasing matters.
Development: We provide experienced counsel to support real estate development projects. We understand the positive impact our clients’ real estate, development and construction projects have on the economy and communities. Whether a project requires local government connections, an understanding of financing and tax credits, document analysis and drafting, or experienced litigators, we stand by our clients to help them seize opportunities and overcome obstacles.
Land Use: Our team steers clients through the maze of restrictions that govern the use of private property. We act as negotiators, representing clients before municipal councils, zoning boards of adjustment, planning commissions, local governing bodies, and state and local agencies. Common matters include zoning, special use, code compliance, variances, and conditional use.
HOA and Condominium: Condominium and homeowners associations (HOAs) trust our firm to handle their unique real estate, corporate, construction, environmental, contract, insurance, finance, tax, bankruptcy and litigation issues. We have extensive experience assisting condominium associations and HOAs with enforcing their rules and restrictions, managing common amenities, amending declarations and bylaws, collecting delinquent assessments, and defending (and better yet, avoiding) HUD and Fair Housing Act issues. We partner with our clients to develop strategies for dealing with condominium unit owners, developers, contractors, insurance companies and banks. The scope of our service includes:
Assessments, liens and foreclosures
Board member powers, duties and protections
Construction defects and contracts
Contracts with vendors and property managers
Declarations, bylaws and rules
Fair housing/discrimination issues
HUD loan certification
Insurance
Maintenance and repair checklists
Notice requirements
Rentals and leasing
Reserve account issues
Unit sales and purchases
Turnover from developer
Voting procedures
Construction disputes: When problems arise with a construction project, Curley & Rothman forms a litigation strategy that aligns with our client’s business objectives. Construction disputes are often complex, involving multiple parties, and our team works to ensure that matters are resolved as efficiently and effectively as possible. We represent real estate development companies, contractors and subcontractors, architects and engineering firms in delay, negligence and breach of contract claims; bid protests; compliance investigations; and other disputes. Our construction litigation attorneys have extensive experience and success with arbitrations and mediations and have handled lawsuits in state and federal trial and appellate courts nationwide.
Title disputes: Mr. Rothman’s career as a real estate lawyer began with resolving title claims. While he continues to serve as approved counsel for the major title insurers, his practice now includes individual and corporate clients in need of creative real estate title solutions.