Real Estate Representation and Transactions
Real Estate Counsel Built Around Community Associations
Marcus, Errico, Emmer & Brooks, P.C. advises developers, lenders, condominium and homeowner associations, and buyers and sellers of residential and commercial property on purchasing, financing, leasing, selling and developing real estate throughout New England.
Condominium Creation and Development
We help developers build communities on a sound legal foundation, including:
Drafting master deeds, declarations of trust, bylaws, and rules
Site and floor plans, unit deeds, and phasing of multi-stage projects
Conversions of existing buildings to condominium ownership
Reserved development rights and amendments as a project grows
Compliance with the condominium statutes of Massachusetts, New Hampshire, Rhode Island and Maine
Documents drafted with the owners’ future in mind reduce disputes, ease the eventual turnover to owner control, and make units easier to sell and finance.
Association Loans and Financing
Roof replacements, siding projects, and other major repairs often cost more than reserves can cover. We represent associations in obtaining financing, including:
Evaluating borrowing authority and any owner approval required by the condominium documents
Negotiating loan terms and reviewing commitment letters and loan documents
Pledging assessment income as collateral and structuring special assessments to repay the loan
Coordinating closing requirements with the lender and the association’s managers
Lender Representation
We represent lenders closing loans to developers, condominium associations, and commercial borrowers, with careful review of the condominium documents, budgets, and collection history that determine whether a project or association is a sound credit risk.
Common Area Transactions
Associations regularly need to grant or acquire rights in land. We handle easements and licenses, grants of exclusive use areas, acquisitions and conveyances of common area land, utility and telecommunication agreements, and the master deed amendments these transactions often require.
Unit Sales and Resales
When a unit changes hands, the association has obligations too. We assist associations and managers with statements of unpaid common charges required at closing, resale disclosures, and questions involving leasing restrictions and other provisions that affect buyers and their lenders.
Residential and Commercial Closings
In addition to our association and development work, we represent buyers and sellers of residential and commercial property from contract through closing. Our real estate attorneys:
Draft and negotiate purchase and sale agreements
Review title examinations and resolve title issues before closing
Issue title insurance policies
Review commercial loan documents and financing terms
Evaluate zoning, subdivision, and land use issues that may affect a property
Buyers of condominium units benefit from our association practice. We know what to look for in the master deed, the budget, the reserves, and the statement of unpaid common charges before a client commits to a purchase. For commercial lease enforcement and tenant disputes, see our landlord-tenant practice..
Title, Boundary and Land Court Matters
We review title, resolve title defects, and address boundary and easement disputes, including registered land matters before the Massachusetts Land Court. When a dispute cannot be resolved by agreement, our litigation team is ready to protect our clients’ property rights in court.