REAL ESTATE LAW

At Webster & Garino LLC in Westfield, Indiana, our attorneys offer comprehensive legal advice and representation in a broad range of commercial and residential legal matters. We represent both commercial and residential property owners seeking to acquire, finance, 1031 Exchanges, obtain variances or zoning to better utilize properties as well as home purchasers and individuals trying to sell their home. Our Westfield real estate attorneys provide effective legal representation to sellers, purchasers, borrowers, lenders, landlords, and tenants in real estate-related issues. Our lawyers’ knowledge of real estate law and dedication to our clients have allowed our firm to develop a reputation as a trusted real estate law firm. Regardless of the property-related issue you are facing, we provide the personalized attention and expertise your situation requires.

When you need legal guidance regarding a commercial real estate transaction or representation in a real estate-related dispute, our Westfield commercial real estate attorneys can assist you throughout the process. Webster & Garino LLC provides clients with effective legal services based on our extensive experience resolving real estate issues. Our strong firm reputation in the legal market was built on our accomplishments and results for clients achieved through skillfully drafted legal documents, effective and aggressive negotiation of contracts and settlements, effective legal advice, and persuasive advocacy in courtroom litigation.

If you are confronting a dispute related to commercial real estate law in Indiana, some of the common litigation issues we handle include:

Our real estate lawyers in the greater Indianapolis area provide experienced representation in both commercial sales transactions and commercial lease matters. We council real estate investors regarding their ownership options to mitigate exposure and advise closely held businesses on their legal options for a partnership to own or sell property. When we represent a party to a commercial lease, we advise our clients regarding the optimal structuring of lease purchase agreements to safeguard their rights. We can review your lease to ensure that you understand your legal obligations and rights to facilitate an informed decision.

Although Indiana law does not require that you have an attorney when buying or selling a home, the decision to hire our experienced residential real estate attorneys can be helpful during the process. A realtor will typically use a standard form contract. We can explain the terms of the contract and confirm that it conforms to your understanding of the agreement. Our attorneys can make sure the terms of the contract are fair to you and, if needed, make changes to the terms of the contract. Unfortunately, we see many situations where realtors will attempt to modify the terms of the contract or draft language for additional provisions without advice from a lawyer which can cause significant issues with the purchase or sale of the property and cause unnecessary litigation. At Webster & Garino LLC, we can also assist with unanticipated problems between signing the contract and closing, protect your interests if the deal does not go as planned, or represent you if disputes occur after closing.

Our experienced lawyers also can help you navigate the process, which has many moving parts, so we can reduce your risk if you decide you do not want to move forward with the purchase of the property due to condition or issues with financing. For example, we can negotiate an acceptable resolution if the inspector finds issues that were not expected by the parties to a residential real estate transaction. Our law firm also helps clients to resolve title issues, such as a cloud on title. Another important way we can assist you in keeping your deal on track is to ensure critical deadlines are not missed. If you do not comply with a deadline to establish that your mortgage financing is progressing, for example, this could lead to the other side backing out of the deal as well as the loss of earnest money.

Our clients also benefit from our representation in residential sales transaction based on a lower risk of post-closing litigation. The cost to retain an attorney to resolve a dispute after your transaction has closed will typically far exceed the fees to retain us to guide you through the sales process. We can identify and resolve issues related to errors or ambiguity in the sales agreement, title problems, or issues with the condition of the premises upon the change of possession before you become embroiled in preventable litigation.

As attorneys to a seller, we work closely with sellers and title companies to assist the seller in transferring title to the buyer. When we identify impediments to the transfer of clean title, we work with the title company and the parties to resolve the problem. As the purchaser’s attorney, we review the deed and land survey to ensure the buyer receives the full property he or she is trying to purchase. Both the buyer and seller can benefit from a skilled attorney because the process of dealing with title defects is highly technical and critical to protecting both parties to a residential sales transaction.

Our real estate lawyers in the greater Indianapolis area provide exemplary representation in both commercial sales transactions and commercial lease matters. We council real estate investors regarding their ownership options to mitigate exposure and advise closely held businesses on their legal options for a partnership to own or sell property. When we represent a party to a commercial lease, we advise our clients regarding the optimal structuring of lease purchase agreements to safeguard their rights. We can review your lease to ensure that you understand your legal obligations and rights to facilitate an informed decision.

Litigation – What happens if, after a real estate deal has been finalized, one of the parties realizes that false or misleading information was provided about the property? It may be necessary to file a lawsuit against the other party. Real estate attorneys examine the sales contract of the property, as well as any disclosures that were provided during the negotiation process. If one party was dishonest or misleading, that party may be liable for damages.

Eminent domain – With eminent domain, a government entity takes private property to use it for public purposes. In Indiana, there are specific steps that must be followed for the government to take land from a private owner. If these steps are not followed, the property owner may be able to file a claim against the government for damages. Real estate attorneys are experienced in eminent domain procedures and ensure that property owners are fairly compensated during these matters.

Leases – Real estate attorneys are not limited to the sale or purchase of property. They may also assist business owners, landlords, and other individuals with negotiating lease terms at various rental properties. The terms of a lease have a serious impact on businesses, so it is important to have guidance during negotiations.

1031 Exchange – IRS Code Section 1031 has provided a method for real estate investors to swap property for another property and avoid the immediate payment of capital gains taxes. To shield yourself from immediate taxation, you must execute what is known as a 1031 exchange between “like-kind properties.”