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Real Estate. Commercial Real Estate

Superior Real Estate Legal Services Real Estate legal issues can be complex and potentially risky. Retaining the counsel of an experienced and knowledgeable real estate attorney will save you money and protect your interests. Our Michigan law firm understands how to navigate situations that arises out of real estate legal transactions. Our real estate attorneys will provide you the “big firm” services for a fraction of the fees charged by large law firms. Our clients enjoy full service legal services beginning to end in every real estate transaction: letter of intent, purchase agreement, lending documents, closing, and beyond.

We provide real estate legal services for residential and commercial clients.
Commercial Real Estate Finance
Joint ventures and mortgage financing are two of many ways commercial real estate is purchased today. Ensure your structure and filings comply or can be easily modified to comply with whatever institution finances your deal.
Real Estate Acquisition and Disposition
Buyers and sellers of all transactions should have an attorney to review and conduct every sale or purchase. The earlier you involve an attorney the more influence that attorney can exert on your behalf.
Mortgage & Foreclosure Law
Zamzow Fabian PLLC offers services that range from foreclosures on a future advance loans to document review of entity structures prior to approval of lending.
Feel confident to tackle any of your Michigan real estate goals with strong counselors on your side of the table.
Real Estate Development Law
We will evaluate selected properties for purchase, including planning and document drafting, review, and negotiations. After the purchase our attorneys see our construction attorneys.
Leasing and Property Management
Property managers are more heavily regulated than many might think. Most leasing agents must be licensed and most property management firms must house a real estate broker.
Landlord Tenant Law
Well drafted leases fit properly inside the law, laying out clear steps to eviction, minimizing defenses and maximizing speed and efficiency. Zamzow Fabian PLLC offers reduced rate evictions for regular clients.
Our clients are exposed to minimal risk and enjoy full service beginning to end.
Condominium Law
Condominiums are seeing a resurgence as fewer people want to deal with the hassel of managing a home, but want the equity not found in apartment living, Zamzow Fabian PLLC assists developers and buyers.
Land Use & Zoning
Whether you're looking to petition the zoning board of appeals to allow a special use or starting the process by looking for a reasonable variance to execute your plan we are here to help you.
Riparian Water Law
Although not as heavily litigated as western states, water rights in Michigan, particularly in tourist areas can be hotly contested. It is the best practice to seek counsel before throwing anyone off the beach.
We will work with you so that you understand your real estate transaction and can make informed decisions.
Oil and Gas Law
We offer extensive oil and gas lease negotiation, drafting, and counseling. Oil and gas law was one of our founding practice areas before expanding and branching into other related areas.
Mineral Rights Law
Similar to oil and gas law, and a practice area that was formed at the same time, mineral and other hydrocarbon leases should be carefully considered and negotiated.
Due Diligence and Beginning to End Transactions
From as complex as acquiring the right to buy, secure lending to fund your project, and file with the SEC when dealing with investors. To as traditional as guiding a residential real estate purchase in a worry free manner.
Zamzow Fabian PLLC houses experienced attorneys who will make your plans and ideas a reality.
Real Estate Acquisition and Disposition
The real estate attorneys at Zamzow Fabian PLLC have the experience and resources to assist clients with real estate purchases and sales throughout the state of Michigan. Our attorneys work with clients to ensure that transactions are completed efficiently and cost effectively. Our real estate attorneys work with clients to facilitate all types of transactions, including:

Commercial Real Estate Acquisition and Disposition We represent commercial real estate developers, single and multi-family residential developers, businesses selling and buying real estate, and agricultural businesses in the purchase and sale of real estate. These commercial real estate transactions can become quite complicated, our attorneys work with real estate brokers, title insurance companies, environmental consultants, surveyors, and state and local government officials to provide our clients reliable advice and effective representation.

Residential Real Estate Acquisition and Disposition Buying and selling a home is the largest investment that most Americans will ever make. The average Grand Rapids home is listed at $187,000. Most real estate sales are facilitated through the use of a real estate broker. It is important to have an experienced Grand Rapids real estate attorney work with the real estate broker to ensure your interests are protected. Our real estate lawyers have a vast knowledge of real estate law and have the resources to help you achieve your desired result.

The standard forms published by real estate organizations, are good for many real estate transactions, but may not be a good fit for your transaction. We draft and negotiate purchase agreements to efficiently complete your real estate transaction and ensure that your deed is properly transferred. Don’t rely on common-law or statutory duties of the seller to disclose defects in real estate.

Land Contracts
A land contract is an agreement for the sale of real estate, where the buyer (vendee) makes a down payment to the seller (vendor) and then pays the remainder of the purchase price, plus interest in installments over a fixed period of time. Land contracts are an attractive option to buyers and sellers alike, but land contracts do not come without their risks. Our land contract attorneys can help both buyers and sellers handle a number of issues that come about with land contracts, including: title searches, obtaining clear title, property inspections, transfer taxes, and down payment issues. Before entering into an agreement consult a land contract attorney at Zamzow Fabian PLLC.

For Sale by Owner Transactions
Selling your home yourself (by owner) can save you thousands of dollars in relators’ commissions, but can also open you up to potential liabilities and risks. If you are considering selling your home without the help of a relator it is important to retain an experienced lawyer who can help you complete your transaction while minimizing your risks. The for sale by owner attorneys at Zamzow Fabian PLLC can draft the purchase agreement, review title work, clear title problems, handle inspection issues, hold escrow deposits, and review closing documents.
Commercial Real Estate Finance
Zamzow Fabian PLLC is capable of structuring transactions for both lenders and borrowers to develop and maintain real estate projects of all sizes. Our skilled commercial real estate finance lawyers have experience with various types of loan transactions, including:

Commercial Mortgages

Construction Loans

Joint Ventures

Line of Credit Loans

Mezzanine loans

Revolving Line of Credits


Securities and Syndication
Our attorneys also have experience in raising capital through real estate syndication. This includes creating offering memorandums and the related subscription agreements.
Mortgage & Foreclosure Law
Mortgage Closings. Our attorneys can help you through the closing process and facilitate your transaction. An experienced attorney will help you understand what you are signing when you sign your mortgage agreement. Our attorneys will give you the piece of mind of knowing your interests are protected.

Foreclosure Alternatives
You have options. If an foreclosure action hasn’t yet been filed by your lender, you may be able to work out a solution that is beneficial for you and the lender. There are options available for you keep your property or avoid foreclosure on your credit report. The following is a nonexclusive list of alternative foreclosure options:

Mortgage Loan Modification. Basically a mortgage modification changes the terms of the original mortgage note. Many lenders are open to these modifications. This option is excellent if you are interested in keeping your property, but cannot afford to pay the mortgage under the current terms.

Short Sale. A short sale is a sales transaction where the owner of a property sells the property for less than what is owed on the mortgage. For this to happen the lender holding the mortgage must agree to the selling price and settle the mortgage for that amount. Even once the mortgage is settled the lender retains the right to sue and enforce a judgment against the seller for the difference between what is owed and what the property sells for, the deficiency amount. Contact an experienced foreclosure attorney who can help you facilitate this transaction and ensure your rights are protected.

Deed-in-Lieu of Foreclosure. A deed-in-lieu of foreclosure is an option that allows the borrower to transfer the ownership of the property to the lender in exchange for the lender releasing the borrower from the mortgage obligation. This option is viable in situations where the borrower does not want to retain ownership of the property.

Mortgage Forbearance. A mortgage forbearance is an agreement entered into between the lender and borrower where the lender agrees not to foreclose on a delinquent borrower and allows the borrower time to catch up on late payments. This is an viable option if the borrower has the ability to catch up on late payments and would like to retain their property.

For more information view our article on Mortgages and Creditors Rights During Foreclosure.
Real Estate Development Law
At Zamzow Fabian PLLC, our real estate development attorneys understand what is at stake and work diligently to protect your interests and facilitate your development project. We have the experience and resources to assist with all aspects of there project form start to finish.

We begin by evaluation and acquisition of the property, this includes drafting purchase agreements and other documents necessary to purchase the property for development, after acquisition we assist clients in a wide variety of issues, including the following:

Condominium Development

Title Examination and Review

Environmental Law

Financing

Construction, Land Use & Zoning

Leasing & Property Management


Our attorneys work with all parties involved in the real estate development to efficiently and cost effectively complete your project. Contact our real estate development law attorneys to move forward with your development.

Construction Law
Our attorneys have an in depth understand of construction law and the construction industry in general. The construction law attorneys at Zamzow Fabian PLLC serve as counsel to clients for construction projects of any size or scope. Our construction law services include:

Bid Documentation & Review

Breach of Contract Issues

Bonding & Financing

Building Code Compliance

Change Orders & Modifications

Construction Liens

Defending & Pursuing Construction Defects

Drafting & Negotiating Construction Agreements

Insurance Issues

Miller Act Claims

Performance Bonds

Suretyship


We look forwarding to working with you. Contact our construction law attorneys to move forward with your project.
Leasing & Property Management Law
Property managers fall into unique position situated between property owners and renters, for this reason property managers require specific legal assistance. The property management attorneys at Zamzow Fabian PLLC have extensive experience in all aspects of property management law. Our attorneys understand the need for clear, comprehensive contracts between the property manager and the property owner; they also understand the value of clear and fair leases that allow property managers to increase their occupancy rate. Although we strive to eliminate litigation before it occurs, it is sometimes inevitable, and when it does occur our attorneys are skilled in negotiating landlord-tenant issues and handles litigation such as evictions and collections. Contact our leasing & property management lawyers to maximize your profit and minimize your risk.
Landlord Tenant Law
At Zamzow Fabian PLLC we provide legal representation to both commercial and residential landlords and tenants.

We work with landlords to draft leases tailored to their particular property and situation. A well-drafted lease will help to prevent disputes before they arise and also help in acquiring and retaining tenants; because tenants are comfortable signing our documents that are legal, fair, and understandable.

We also work with tenants to review potential leases before there are entered into. Once the lease is signed the remedies available to a tenant are often determined by the terms of the lease. Don’t make the mistake of hastily signing a lease that could harm you financially and limit your rights.

When a dispute arises the best option is to speak with our experienced Grand Rapids landlord tenant attorneys. The landlord tenant attorneys at Zamzow Fabian PLLC understand how to work with both the landlord and tenant to cost effectively resolve conflicts.

For more information view our article on Security Deposits and Michigan Law.
Condominium Law
Zamzow Fabian PLLC represents condominium developers, condominium associations and unit-owners. Michigan condominium law is frequently changed and can be difficult to understand. Our condominium law attorneys are familiar with the Michigan Condominium Act and can assist you. Contact our condominium law attorneys.

For more information view our article on Condominium Basics.
Land Use & Zoning
Zamzow Fabian PLLC’s attorneys have the experience required to assist developers in complying with local and state rules and regulations. Our lawyers diligently investigate client’s possible land purchases to ensure that zoning will not interfere with their intended use. We also help our clients obtain local and state level approval for development and land use projects.

For more information view our articles on Michigan Land Use, Zoning and Planning and Visited Eminent Domain.

Environmental Law
The attorneys at Zamzow Fabian PLLC have significant experience in environmental law. Our environmental law attorneys represent businesses, individuals, and governmental entities. Environmental law can be complex as it often involves common laws, statutes, regulations and administrative guidance on a federal, state, and local level. Our attorneys can assist with the following environmental matters:

Compliance and Permitting
Air Quality Permits

Hazardous Waste Compliance

Water Discharge Permits

Solid Waste Regulatory Issues

Underground Tank Removal

Wetlands Regulation

Real Estate Issues
Baseline Assessments

Land Use

Zoning and Variances

Due Diligence

Land & Business Acquisition

Site Clean Up and Litigation


We look forwarding to working with you.
Riparian Law / Water Law
In Michigan, land that adjoins a natural body of water has riparian rights. A riparian property owner has unique property rights. The riparian law attorneys can help you understand these rights. There are many instances in which riparian rights can be adversely affected, in these instances it is important to seek an attorney who has specialized knowledge in riparian law.

For more information view our article on Riparian Rights.
Oil and Gas, Mineral Rights, and Energy Law
The laws that regulate the oil and gas industry are vast and rapidly changing. The oil and gas attorneys at Zamzow Fabian PLLC have experience in numerous areas of the oil and gas industry; including: finance issues, real estate sales and acquisitions, oil and gas leases, and contract drafting. As the cost of oil and gas continues to rise new exploration and lower production properties become more viable, our oil and gas attorneys are available to help you navigate through the complex yet rewarding oil and gas industry.

For more information view our article on Oil and Gas Leases.
Resource
(1) the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. prohibiting discrimination applied under MCL 339.2515.
(2) the standard forms pushed by real estate boards, though generally excellent, can be devastating in even slightly unique properties.
(3) Be careful with "as is" clauses. Lorenzo v Noel, 206 Mich App 682, 687, 522 NW2d 724 (1994). M&D, Inc v McConkey, 231 Mich App 22, 37, 585 NW2d 33 (1998).
(4) Despite MCL 324.20101 et seq., protecting most buyers from liability regarding environmental concerns on their new property; consider the environmental hazards before buying.
(5) Land Contracts, MCL 565.351 et seq., provide an excellent opportunity for many buyers, and many sellers; but they are not for everyone's matter.
(6) If you are interested in Condominiums, the Condominium Act, MCL 559.101 et seq., has new effective rules as of January 14, 2014.
(7) The owner of a condominium unit has a fee simple but not an exclusive interest in the condominium property. Cohan v Riverside Park Place Condo Ass’n, 140 Mich App 564, 365 NW2d 201 (1985).
(8) Foreclosures. Mortgages and Creditors Rights During Foreclosure
(9) Hazardous Waste Management Act
(10) Solid Waste Disposal Act
(11) Michigan Water Resources Act
(12) Michigan Air Pollution Act
(13) Michigan Inland Lakes and Streams Act
(14) Michigan Oil and Gas Act
(15) Environmental Response Act (Act 307)
(16) Clean Air Act
(17) Clean Water Act
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