Find Lawyers in Omaha, Nebraska for Real Estate Law
Practice Area Overview
Real estate law refers to the body of laws that govern the buying, selling and leasing of property.
These laws cover a wide range of legal issues related to real estate transactions, including financing transactions, environmental law and title searches. Real estate laws and regulations vary from state to state, with some requiring a real estate license to buy or sell property. Attorneys in real estate law can help with issues that a real estate agent can’t.
Hiring a real estate lawyer or real estate law attorney can be essential for navigating the legal complexities of a home purchase or sale. Law firms specializing in real estate law can assist with legal issues related to real estate transactions, such as reviewing contracts and conducting title searches.
Real estate lawyers or attorneys are also typically involved in representing clients before the real estate commission or title company. Law school courses often cover real estate law, as it is an essential aspect of many legal practices. A full-service real estate law firm should have expertise in these areas:
Sales and Acquisitions
The representation of buyers and sellers in the acquisition and disposition of the various kinds of real estate including office buildings, retail centers, hotels, industrial properties, residential properties and manufactured housing communities.
Real estate attorneys can be equally essential whether the transaction is for residential or commercial property.
Title
The examination of title to real estate, evaluation of title exceptions and negotiation of title insurance policies.
Land Use and Environmental
Land use entitlements, due diligence investigations, Brownfield developments and compliance with Environmental Laws and federal and state Endangered Species Acts.
Development
The negotiation and preparation of development and construction agreements and the other documents required to develop and construct office buildings, shopping centers, mixed-use projects, free-standing units and industrial sites.
Leasing
The negotiation and preparation of office, retail and industrial leases and long-term ground leases. A real estate lawyer may assist with:
- Drafting and reviewing lease agreements.
- Negotiating lease terms.
- Ensuring compliance with laws and regulations.
- Dispute resolution.
- Lease modifications and renewals.
- Handling lease terminations and evictions.
- Advising on subleasing and assignment.
Finance
The representation of lenders and borrowers in real estate secured loan originations, loan sales and purchases and other debt arrangements, including:
- Permanent financings.
- Construction loans.
- Bridge loans.
- Conduit loans.
- Mezzanine loans.
- Shared appreciation loans.
- Portfolios of non-performing loans.
Joint Ventures
A very large proportion of real estate transactions involve joint ventures between capital sources and developers. Therefore, a real estate firm must be in a position to structure and negotiate partnership agreements, limited liability company operating agreements, shareholder agreements and other forms of joint venture arrangements and advise on the tax aspects of the transactions.
Restructuring and Workouts
Not all real estate transactions are successful. Real estate lawyers, therefore, must be in a position to advise lenders, borrowers, partners, landlords, tenants and developers when a transaction goes bad.
This type of real estate law may involve transactional, bankruptcy, tax and litigation work. Restructuring and workouts often include:
- Loan modifications.
- Foreclosures.
- Deeds in lieu of foreclosure.
- Discounted loan payoffs.
- Loan forbearances.
- REO sales.
- Joint venture modifications.
- Buy/sells.
- Forced sales.
- Lease and development modifications.
- Bankruptcies.
- Receivership actions.
- Guarantee actions.
Litigation
Litigation in the real estate area involves the representations of real estate owners, buyers, sellers, lessors, brokers, lenders and developers in, among other things:
- Contract disputes.
- Mechanics lien and construction disputes.
- Eminent domain proceedings.
- Title disputes.
- Loan service.
- Foreclosure issues.
- Bankruptcy.
Daniel Carnahan focuses his practice on a variety of real estate matters, business and corporate transactions, and estate planning and administration. Dan routinely assists clients with various real estate matters, including acquisitions and dispositions, development matters, commercial leasing transactions, financing transactions, and tax-deferred exchanges. He advises clients on business and corporate matters, including the formation of business entities and related governance matters, busi...
Michael Matejka joined the Omaha office of Woods Aitken in 2007 after practicing nearly 25 years with another local firm. He is one of Omaha’s most respected real estate lawyers, who complements his practice with additional specialties in business and taxation law. Mike’s experience includes real estate development, leasing, like–kind exchanges, and tax planning for real estate transactions. Mike is an active member of the Nebraska Bar Association’s Real Estate Practic...
With over 40 years of legal experience to his credit, Frank Mihulka joined Woods Aitken in 2008. He is one of the area’s most respected mortgage attorneys, and is one of three Nebraska attorneys named a Fellow in the American College of Mortgage Attorneys. Frank puts his expertise to work for clients primarily in the real estate, banking and financial, business entity, related transactions practice areas, and estate planning. Frank also has significant experience representing agricultur...
EDUCATION Creighton University (J.D., 1979) Creighton University (B.A. 1973) PRACTICE EMPHASIS Corporate Law Litigation Real Estate & Development Business Transactions HONORS & AWARDS The Best Lawyers in America Great Plains Super Lawyers Provisional Fellow, Nebraska State Bar Association
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