Commercial Real Estate

Premier Real Estate Law Practice

Real estate law is a cornerstone of our firm’s legal practice. For over four decades, BBS&G attorneys have assisted clients in all aspects of commercial as well as residential real estate matters. We are experienced practitioners who are well known for providing practical, common-sense advice in complex and routine real property matters. Our firm works with clients in Maryland, Virginia, Washington, D.C., and beyond to structure and negotiate transactions involving the purchase, sale, finance, leasing, and development of commercial and residential properties. We also counsel clients in all types of real estate litigation, including disputes involving landlords and tenants, zoning and land use issues and condemnation matters.

We deliver the knowledge and representation that clients need in order to achieve their real estate objectives. We understand that legal problems can stand in the way of success, so we develop solutions that allow our clients to move past their challenges and take advantage of critical opportunities. Our lawyers know the real estate industry and ensure that our clients have complete and reliable information to make the correct decisions for their particular circumstances.

Advancing the Practice of Real Estate Law

BBS&G attorneys are well recognized throughout the legal and business communities for their active involvement in practicing and shaping commercial real estate law. Members of our firm have written books on the subject, including Douglas Bregman who authored “the book” on Maryland landlord/tenant law (“Maryland Landlord-Tenant Law,” LexisNexis, fourth edition 2009). In addition to his legal practice, Douglas Bregman also serves as a law professor at Columbia Law School and the Georgetown University Law Center where he teaches courses on the drafting and negotiation of loan documents, real estate contracts, commercial leases, and other real estate documents. Other members of our firm, including Larry Berbert and Tim Schwartz, have lectured on real estate and landlord/tenant matters to legal practitioners across the country, and our lawyers have also served as active members of local and statewide committees involved in the clarification and revision of landlord/tenant law.

Comprehensive Real Estate Services

BBS&G’s real estate practice is well-equipped to meet the diverse and evolving needs of our clients. We handle a full range of commercial and residential real estate matters, including:

• Commercial Leasing

  The attorneys in our practice have extensive experience negotiating and preparing commercial real estate leases. Our lawyers represent both commercial landlords and tenants in a wide variety of leasing transactions, including leases for office buildings, shopping centers, shopping malls, warehouses, flex space, and ground leases. Every commercial lease is different and presents its own set of challenges. We have advised lessors and lessees on lease deals in virtually all sectors of commercial real estate, and we know the legal and business issues that are most crucial to our clients. We also know how to spot potential problems in advance and work with our clients to address issues that may stand in the way of a successful outcome.

   

• Acquisition, Development & Disposition

  Negotiating, documenting, and drafting contracts and closing real estate transactions requires a legal partner with a keen eye for detail and a deep understanding of the industry. BBS&G lawyers have vast experience facilitating real estate sales and purchases on behalf of clients locally and nationally. Our acquisitions and dispositions work encompasses a wide range of property types, including office, retail, industrial, and mixed-use, as well as housing, apartment, and condominium communities. We are seasoned professionals who handle all aspects of the sale and purchase along with related issues such as financing, zoning, land use, and title issues. Our clients trust that we have the knowledge and skills to handle their most complex transactions, and they repeatedly turn to us for the advice and strategies they need to accomplish their objectives.

• Financing

  Our real estate practice provides sophisticated lending and borrowing guidance in connection with commercial and residential properties. Our lawyers work with lenders and borrowers to address their financing needs and opportunities in a challenging and constantly changing market. We assist with a wide variety of real estate financing transactions including acquisition loans, construction loans, and land development loans. BBS&G is well known for delivering customized and innovative strategies that work for all parties to the transaction. Our attorneys know what it takes to successfully close a deal, and they are prepared to address any obstacles that may arise at each phase of the transaction.

• Landlord/Tenant Representation (Commercial and Residential)

  BBS&G has extensive experience representing landlords and tenants throughout Maryland, Virginia, and the Washington D.C. metro area in commercial and residential real estate matters. Our lawyers understand the unique laws and regulations that govern the landlord-tenant relationship, and draft and negotiate leases that protect our clients’ interests today and avoid problems down the road. When disputes surface, we focus on reaching a resolution at the earliest possible point in the process. However, should litigation prove to be necessary, we work closely with our clients to develop a course of action that best preserves their rights.

• Landlord/Creditor Bankruptcy Representation

  When a commercial tenant files for bankruptcy, landlords are often forced to navigate a complex and frustrating legal system. BBS&G’s legal team has substantial experience guiding landlords and tenants through the bankruptcy process. Our lawyers understand the protections afforded to landlords as creditors under the United States Bankruptcy Code, as well as the multitude of issues that can arise in connection with non-residential real property. When a client discovers that a tenant has filed for bankruptcy, we take quick action to identify all available options and develop a plan that best protects our client’s interests at each stage of the bankruptcy proceedings.

• Title Issues

  Title problems can complicate real estate transactions, delaying the sale or purchase of property and even canceling a deal. BBS&G works to identify and resolve title issues that may surface during the purchase, sale, or refinancing of real property. Whether the defect in title involves a misfiled deed, an unknown lien, an undiscovered easement or encumbrance, a boundary dispute, or any other problem, our attorneys have the knowledge and skills to correct those title issues that may arise throughout the course of a real estate transaction. We regularly assist clients in quiet title actions to remove clouds and ensure that our client’s property has clear and marketable title.

• Condominium/HOA Board and Community Representation

  Running a condominium or homeowners association (HOA) board is a significant responsibility that comes with substantial risks and challenges. Our real estate attorneys understand these challenges and develop solutions that help keep these associations operating smoothly. We represent condominiums and HOAs in a broad spectrum of matters, from preparing and amending association documents to reviewing contracts and advising on day-to-day and long-term operations. Our team also works with boards to resolve legal issues and disputes, including contract disputes, construction defects, assessment collection problems and conflicts between unit owners. While we focus on settling these matters early through negotiation, we are fully prepared to protect our clients’ rights in mediation, arbitration, and litigation.

• Litigation

  BBS&G’s seasoned litigators are dedicated to securing favorable resolutions in complex, high stakes property disputes. Our attorneys have over 40 years of experience handling the full spectrum of legal challenges that can arise in the real estate industry. From conflicts arising in connection with the purchase and sale of the property to lease disputes, delinquent loan payments, and zoning and land use issues, our lawyers work to achieve optimal outcomes for our clients. We appreciate that legal disputes can be costly and time-consuming, and thus we focus on settling conflicts before they escalate into litigation. However, when an appropriate resolution cannot be achieved, our attorneys aggressively advocate for our clients’ positions in state and federal courts in Maryland, D.C., and Virginia.

• Condemnation

  Our real estate lawyers represent private property owners and governmental entities in condemnation matters involving real property throughout the region. We leverage our knowledge and experience in property valuations, land use, and real estate law to achieve fair and favorable outcomes for our clients. Our attorneys are well aware of the procedural requirements governing condemnation, and work to ensure that the parties to the process understand their respective rights, duties, and obligations.

• Hospitality Law

  Our attorneys advise clients on the acquisition and disposition of hotels, the development of hotel properties (whether standalone or as part of larger mixed-use projects), and management, franchise, licensing, branding, and leasing issues that arise in connection with hotel properties. We prepare and review purchase and sale agreements for hotel properties, draft and negotiate hotel management agreements, and advise and review hotel franchising agreements. We also provide clients with advice regarding the feasibility of hotel developments and acquisitions. Our attorneys are familiar with issues that pose unique challenges for hotel properties, such as licensing, branding, and various owner-manager-brand hotel structures.

  Our attorneys also advise clients on the acquisition and disposition of restaurants, restaurant properties, and restaurant leases.