Commercial & Residential Real Estate

Real Estate Law Services

Expert Legal Representation for Real Estate Transactions in New Jersey & New York

Real estate transactions are complex legal matters that involve numerous financial risks, regulatory requirements, and contractual obligations. Whether you are buying, selling, leasing, or developing property, ensuring that all legal aspects are handled with precision is crucial to protecting your investment.

At Beinhaker Law, we provide comprehensive real estate legal services to individuals, businesses, investors, and developers throughout New Jersey and New York. Our attorneys bring years of experience in residential and commercial real estate law, offering expert guidance at every stage of the transaction.

We work with homebuyers, property sellers, landlords, tenants, business owners, and investors, ensuring that their real estate transactions are legally sound, financially secure, and free from unexpected liabilities.

Commercial Real Estate Attorney Serving New Jersey & New York

Comprehensive Real Estate Legal Services

 

Tailored Legal Solutions for Every Real Estate Need

Beinhaker Law offers a full spectrum of real estate legal services, handling everything from simple residential transactions to complex commercial property acquisitions and lease negotiations.

Our attorneys have extensive experience in:

  • Residential real estate transactions
  • Commercial property acquisitions and sales
  • Lease agreements and landlord-tenant disputes
  • Real estate contract drafting and negotiations
  • Title searches and defect resolution
  • Zoning, land use, and environmental compliance

Each transaction is unique and requires a customized legal strategy. Our team ensures that your real estate matter is handled with the highest level of attention to detail, legal expertise, and client care.

 

Residential Real Estate Transactions

 

Protecting Homebuyers and Sellers Through Every Step

Buying or selling a home is a significant financial milestone that requires careful legal oversight. Real estate contracts, title searches, financing agreements, and closing procedures must be handled with precision and legal clarity.

At Beinhaker Law, we guide clients through every stage of a residential real estate transaction, ensuring that the process is legally sound and stress-free.

Attorney Review Period & Contract Negotiation

In New Jersey, real estate contracts include an attorney review period—a critical timeframe during which buyers and sellers can modify or cancel the contract based on legal advice. Our attorneys carefully review contract terms to ensure that they protect your rights and financial interests.

We also negotiate purchase and sale agreements to ensure that all terms are fair, transparent, and enforceable. This includes reviewing earnest money deposits, contingencies, closing timelines, and other contractual obligations.

Title Searches & Title Defect Resolution

A clear title is essential for a successful real estate transaction. Our team conducts comprehensive title searches, identifying any liens, ownership disputes, easements, or restrictions that may affect the transfer of ownership. If a title defect is found, we work diligently to resolve it before closing.

Closing Representation & Mortgage Document Review

The real estate closing process involves signing numerous legal documents, including mortgage agreements, settlement statements, and property deeds. Our attorneys provide legal representation at closing, ensuring that all documents are properly executed and that there are no hidden terms or unexpected costs.

For first-time homebuyers and seasoned investors alike, we provide legal clarity and peace of mind throughout the transaction.

 

Commercial Real Estate Transactions

 

Legal Expertise for Business Property Investments

Commercial real estate transactions involve long-term contracts, regulatory compliance, and significant financial investments. Whether you are leasing office space, purchasing a retail property, or negotiating a development deal, the legal complexities require expert guidance.

Lease Agreements for Commercial Properties

A well-structured commercial lease agreement protects both landlords and tenants by clearly defining the terms of occupancy, rental rates, maintenance responsibilities, and lease duration. Our attorneys draft, review, and negotiate lease agreements to ensure that they comply with state laws and align with your business objectives.

Due Diligence & Property Acquisition

Before purchasing a commercial property, a thorough due diligence process is required to identify any legal, financial, or regulatory risks. Our attorneys conduct zoning and environmental compliance checks, financial assessments, and lease agreement reviews to safeguard your investment.

Bulk Sale Compliance & Commercial Transactions

For businesses selling assets as part of a real estate transaction, bulk sale compliance laws in New Jersey and New York require sellers to settle outstanding tax liabilities before completing the sale. Our team ensures full compliance with state tax laws, avoiding delays or penalties.

 

Lease Agreements & Landlord-Tenant Disputes

 

Drafting & Negotiating Lease Agreements

A well-drafted lease protects against financial disputes, unexpected liabilities, and legal challenges. Key terms include:

  1. Lease duration & renewal terms – Clearly defining the lease term and renewal options.
  2. Rent, deposits & payment terms – Setting payment schedules, late fees, and refund policies.
  3. Property use & maintenance responsibilities – Outlining tenant obligations and repair processes.
  4. Eviction & default clauses – Establishing procedures for lease violations.
  5. Dispute resolution clauses – Including mediation or arbitration to prevent costly lawsuits.

Our attorneys customize lease agreements to protect your rights and ensure compliance with New Jersey & New York laws.

 

Commercial Lease Agreements

Legal Considerations in Commercial Leasing

Commercial leases are more complex than residential agreements, often involving:

  1. Triple Net (NNN) vs. Gross Lease structures
  2. Tenant improvement allowances & modification clauses
  3. Exclusive use restrictions & subleasing terms
  4. Early termination & rent escalation clauses

Our legal team ensures your commercial lease aligns with your business objectives, minimizing risks and maximizing flexibility.

Handling Landlord-Tenant Disputes

Even with a solid lease, disputes may arise over:

  1. Non-payment of rent & lease violations – Enforcing lease terms & eviction procedures.
  2. Maintenance & habitability issues – Ensuring compliance with tenant rights.
  3. Security deposit disputes – Protecting against wrongful deductions.
  4. Unlawful evictions – Defending tenants from illegal lease terminations.

We represent both landlords and tenants, ensuring fair resolution in disputes through negotiation or litigation.

Real Estate Contract Negotiations

Real estate contracts are legally binding agreements that outline the terms and conditions of property purchases, sales, leases, and development projects. These contracts serve as the foundation of any real estate transaction, ensuring that both parties clearly understand their rights, obligations, and financial commitments.

A contract that is poorly drafted, vague, or fails to address key legal considerations can result in financial disputes, litigation, regulatory violations, and unexpected liabilities. Working with an experienced real estate attorney ensures that contracts are comprehensive, enforceable, and aligned with your best interests.

At Beinhaker Law, we draft, review, and negotiate real estate contracts to protect our clients from potential risks while maximizing their legal and financial advantages.

IRS Dispute Resolution and Settlement Options

Tax Planning Law Office

At Beinhaker Law, we specialize in IRS dispute resolution and work to protect our clients from excessive tax liabilities. Some of the key methods we use to resolve tax disputes include:

Offers in Compromise

A negotiated settlement that allows taxpayers to settle outstanding tax debt for less than the full amount owed, helping to reduce financial burdens.

Installment Agreements

Structured payment plans that allow taxpayers to pay their overdue taxes in manageable monthly installments, preventing further penalties and interest accrual.

Penalty Abatement Negotiations

Assistance in reducing or eliminating IRS-imposed penalties by demonstrating reasonable cause or extenuating circumstances.

Key Aspects of a Well-Drafted Real Estate Contract

A legally sound real estate contract should include clear, detailed, and enforceable terms. Our attorneys ensure that contracts address the following critical components:

Clearly Defined Property Terms

Every real estate contract should accurately describe the property, including its legal description, zoning designation, and any existing encumbrances. Ensuring precise property identification helps avoid boundary disputes and ownership conflicts.

Payment Terms & Financial Obligations

Contracts must outline the purchase price, deposit requirements, financing contingencies, and payment schedules. For commercial leases, rent amounts, escalation clauses, and security deposits should be clearly stated.

Contingencies & Due Diligence Clauses

Well-structured contracts include contingencies that protect buyers and sellers. These can include:

  • Inspection contingencies that allow buyers to assess the condition of the property.
  • Financing contingencies that ensure buyers can secure funding.
  • Zoning & land use contingencies that confirm a property can be used as intended.

Closing & Possession Timelines

A legally enforceable contract must specify the closing date, possession timeline, and any conditions for extending the transaction period. This prevents delays and ensures a smooth transition of ownership.

 

Default & Termination Provisions

Contracts should include clear consequences for breach of contract, outlining what happens if one party fails to meet their obligations. This may involve forfeiting deposits, legal penalties, or termination rights.

Dispute Resolution Clauses

Disputes in real estate transactions can arise over missed deadlines, financing issues, or undisclosed property defects. Including arbitration or mediation clauses can help parties resolve conflicts without costly litigation.

 

Title & Property Law Services

 

Ensuring Clear Property Ownership & Resolving Disputes

One of the most critical aspects of real estate transactions is ensuring clear property ownership. A title defect, lien, or boundary dispute can cause significant delays, financial losses, and legal challenges for buyers and sellers.

At Beinhaker Law, we provide comprehensive title search and property law services, ensuring that all property transfers are legally sound and free from disputes.

Common Title Issues That Affect Real Estate Transactions

  1. Liens & Encumbrances

Properties may have unpaid tax liens, mortgages, or contractor liens that must be resolved before a sale can proceed. We conduct detailed title searches to identify and clear these encumbrances.

 

  1. Ownership Disputes

In some cases, multiple parties may claim ownership of a property, leading to legal disputes. We work to verify and establish clear ownership rights before completing a transaction.

  1. Errors in Public Records

Clerical mistakes in property records can create legal obstacles for buyers and sellers. We assist in correcting title errors and ensuring accurate documentation.

  1. Easements & Restrictive Covenants

Some properties may have legal restrictions on land use, including easements for utility companies or restrictive covenants imposed by previous owners. Our attorneys review these legal conditions to ensure they do not interfere with your property rights.

 

Zoning, Land Use & Environmental Compliance

 

Helping Clients Navigate Land Use Regulations

Before purchasing, developing, or expanding real estate, property owners and developers must comply with zoning laws and environmental regulations. Failure to do so can lead to project delays, fines, and legal disputes.

Our attorneys assist homeowners, businesses, and real estate developers in navigating zoning codes, securing land use approvals, and ensuring environmental law compliance.

Key Zoning & Land Use Considerations

  1. Zoning Designations & Property Use

Every property is classified under a specific zoning designation (residential, commercial, industrial, mixed-use, etc.). We ensure that your property use aligns with zoning laws.

 

  1. Variance Applications & Zoning Permits

If your intended property use does not comply with existing zoning regulations, you may need to apply for a variance or special permit. Our attorneys assist in preparing zoning applications and presenting cases before zoning boards.

  1. Land Development Compliance

We work with real estate developers and investors to ensure compliance with land use regulations, municipal building codes, and infrastructure requirements.

  1. Environmental Law Compliance

Properties may be subject to environmental regulations, especially if they have contamination issues or protected wetlands. We help clients conduct environmental risk assessments and navigate regulatory approvals.

 

Why Choose Beinhaker Law for Your Real Estate Legal Needs?

 

Experienced Legal Representation with a Client-Focused Approach

At Beinhaker Law, we provide exceptional legal services tailored to the needs of buyers, sellers, landlords, tenants, developers, and investors.

Our attorneys offer:

  • Extensive experience in New Jersey & New York real estate law
  • Personalized legal strategies tailored to your transaction
  • Meticulous contract review and risk assessment
  • Proactive solutions to prevent disputes and legal issues

We are committed to ensuring that your real estate transactions are smooth, compliant, and financially secure.

 

Contact Beinhaker Law Today

 

Don’t leave your real estate matters to chance. Let our skilled legal team review your lease, resolve disputes, and protect your investment. We offer consultations to assess your legal needs and provide tailored solutions that align with your goals.

WHAT OUR CLIENTS SAY

Excellent attorney!

Excellent attorney! Mitch is not only competent and easy to work with, but is also warm and compassionate. Mitch has vast knowledge and understanding of business law and came through when we needed him most. Highly recommend - one of the BEST around!

Dianna K

My wife and I both own small businesses which require periodic legal help and advice. Mitch and his firm have been there for us every step of the way. From contracts to legal disputes, Beinhaker Law has been a terrific resource.

Ron Potesky

Mitchell methodically led me through the legal and bureaucratic tangle of selling a property. He kept me informed as the process proceeded and made sure I knew what needed to be done on my part. I will be working with him again on other legal matters.

Tony Gruenewald

Mitch helped me negotiate a commercial lease and I was extremely happy with the results. He was extremely responsive, understood my needs, but also built a good rapport with the other side. I would highly recommend his services.

Victor Liu

Commercial Real Estate Document Automation FAQ'S

What makes commercial real estate so different from residential real estate?

Unlike residential real estate which is usually based on a standard contract and most charges at a fixed rate, commercial real estate is based on a contract negotiated between the parties. The contract often includes a “due diligence” period whereby the commercial purchaser will conduct environmental testing, lein searches, view property financial records and arrange for in-depth inspections of the various systems at the property. One might also look at tenant records and check with the municipality to see if all local ordinances have been followed. Attorneys charge hourly for this work which might include obtaining approvals from local planning or zoning boards.

What is a commercial real estate cap rate?

The Capitalization Rate (also known as cap rate) is used in the world of commercial real estate to indicate the rate of return that is expected to be generated on a real estate investment property. This measure is computed based on the net income which the property is expected to generate and is calculated by dividing net operating income by property asset value and is expressed as a percentage. It is used to estimate the investor's potential return on their investment in the real estate market.

What is CAM?

Charges billed to tenants such as tax, insurance, and common area maintenance are known as CAM charges. In a triple net lease, the tenant pays all CAM charges along with real estate taxes leaving no costs and expenses for the Landlord to pay. All of these charges and the responsibility of tenants will be detailed in a written commercial lease.

What are tenant improvements and who pays for them?

Tenant improvements (TI) are going to be improvements requested by the user of the property. This will in most cases require permitting, plans and construction. The tenant improvements are usually paid for by the tenant, however in some circumstances the landlord will credit some of the cost for the improvements. This is usually a point of negotiation.

How does a tenant question charges from the landlord?

It is important that you hire a reputable attorney to make sure there are provisions to question and “true up” the charges that you may be responsible for. You should be able to make sure the snow plowing bill, landscaping or other charges are correct, but you can only do so if there are provisions for this in your lease. This is commonly (and conveniently) left out of leases provided by landlords.