With rare exceptions, businesses need real estate to conduct business. The law firm of Mark A. Johnson, PC can help your Metro Atlanta business lease or purchase office space, manufacturing plants, retail stores, inventory storage space, and other real estate as your business grows.
Purchase and sale agreements — The first step in buying or selling real estate is negotiating a real estate contract. In addition to standard terms identifying the parties, the legal description of the property, price, terms of payment and closing date, a commercial real estate contract often requires additional provisions dealing with environmental or hazardous conditions, zoning and land use, liability insurance, assignment rights, dispute resolution, indemnification, and liquidated damages.
Leasing — We draft and review proposed commercial leases. Typical provisions include legal description of property, rent and rent increases, term of lease, inclusion/exclusion of utility costs, required improvements, restrictions on leasing to competing businesses within the same complex, signage requirements, inclusion/exclusion of maintenance costs, property tax, and insurance, zoning, subleasing, assignment rights, dispute resolution, indemnification and liquidated damages.
Creating entities and structuring transactions — We can help you determine whether to buy or lease in your company's name, personally or with a personal guarantee, or create a separate legal entity.
Rezoning, variance, and land-use issues — Municipalities have ordinances that control the allowed usage of land and properties within specific boundaries. Exceptions, known as variances, can be granted by petitioning the local zoning board of adjustment. We prepare the necessary documentation and represent you at zoning board hearings.
New construction— We draft and review proposed agreements for new construction and redevelopment of existing structures.
Condominium and homeowners associations — Whether you have purchased or leased an office condominium unit or your property is controlled by another type of homeowners association, we represent your interests in association negotiations and meetings.
Restrictive covenants — These are limitations on the use of property that are contained in a deed or a lease of real property. Restrictive covenants are usually enforced by landlords in the case of a lease or by neighboring owners in the case of a deed.
Mechanic's lien — This is a security interest attached to real property given to a contractor or other professional who has provided labor or material to improve the property. The property cannot be sold until the lien is satisfied by payment to the lien holder.
Environmental issues — We represent the interests of landlords, tenants, purchasers and sellers of real property with regard to all types of environmental contamination issues.
Eminent domain and condemnation — This is an action by the government to seize private property, without the consent of the owner, allegedly for more beneficial use as determined by the government. While market value is supposed to be paid to the owner, an owner can seek our help to challenge the condemnation or negotiate a higher amount of compensation.
Partitions — When multiple owners disagree over the use of real property, a partition is a legal action that requests a court to divide the property into separate parcels to be deeded separately by the owners. While this works for some properties such as farmland, when a property such as an office building cannot be physically divided, a successful partition action results in the property being sold and the proceeds divided equitably.
Foreclosure — A legal action forces a transfer of ownership of a property to a lender when the owner has not made payments on a mortgage loan secured by the property.
Real estate litigation — A judge or jury resolves a real estate dispute in a legal proceeding. We argue cases in court on behalf of our clients, but can also resolve disputes by negotiating settlements or through mediation.
For an initial consultation to discuss how Marietta real estate lawyer Mark Johnson can help you, please call or contact us online.