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Real estate is our firm's main area of practice. Everyone in the firm is required to maintain a general real estate practice whether they are a litigator, do estate planning or other legal work. Since real estate is almost always involved in the other areas of practice it is our belief that having a general rela estate background allows our attorneys to provide better service to our clients.

Construction plans

Nash Law Firm can help you for all of your residential real estate needs.  In many cases we are able to provide the client with a flat fee billing option.  The advantage to the client is that they know their exact legal cost going into the situation instead of worrying about how much the bill might climb to.

We can draft or review purchase agreements for sellers and buyers, deal with issues that arise during the transaction, review the title work, review the closing documents, draft the necessary closing documents and close the transaction if necessary.   Our attorneys and paralegals will work with your other real estate professionals to make sure that your interests are protected.  

Sometimes you just need a deed or an easement drafted.  We can draft these documents for you.  If a surveyor is needed to provide a legal description or to locate the property on the ground we will work with the surveyor to get the result you want. 

If you would like us to draft a purchase agreement or real estate transfer document (Warranty Deed, Quit Claim Deed, Contract for Deed, etc), please click here and fill-out the Purchase/Sale Information Form.  

If you would like to read about potential residential transactional issues, click here.  

Purchasing or selling a commercial property is a complicated process.  While you may think you want to keep it simple, the fact is you need to make sure you protect yourself.  Quite often a commercial transaction involves your business, real estate, cash and complicated financial agreements.  what is being sold?  The business itself or assets of the business?  Is the business and real estate being sold or just the business?  Does a lease have to be assigned?  Does the sale include inventory, equipment and/or fixtures?  Is the seller agreeing to not compete against the business they are selling?  These and many more questions have to be answered and, whether buying or selling, there are numerous legal, financial, real estate and tax issues that must be considered.
 
If you would like us to draft a purchase agreement or real estate transfer document (Warranty Deed, Quit Claim Deed, Contract for Deed, etc) or would like us to represent you throughout the transactrion, please click here and fill-out the Commercial Purchase/Sale Information Form.   

Real Estate Builders/Developers

It is a tough economy to be a real estate developer, contractor or sub-contractor.  We can help with transactions or work-outs.  Quite often you are both a creditor and a debtor.  it is hard to pay your creditors if those who own you money aren't paying you.  We can help you collect those debts.  In some cases, there simply is no way to collect enough money to pay all of your creditors given the dismal market for new construction.  We can help you create a plan to survive and negotiate with your lenders to work out terms that they can accept and you can live with.    


The representation of real estate brokers and agents has been a major part of our practice.  We understand the issues that face real estate brokers and agents.  We can help you avoid problems before they arise and to resolve problems when they present themselves.  We have the knowledge and experience that you need to help you navigate the numerous legal hurdles that face a successful real estate broker or agent.   

If you have a purchase agreement where the other party to the purchase agreement won't perform, we can help you cancel the purchase agreement so you can move forward.  There are a number of different ways to cancel a purchase agreement and we will review your situation to determine the best option for your specific situation.

If you have sold a property with a contract for deed but the buyer is not living up to the terms of the contract, you have various remedies.  In most cases, the best remedy is to cancel the contract for deed and you are able to retain all payments made pursuant to the contract.  We will look at your specific situation to determine the best option for you.

If you have loaned money that is secured with a mortgage and the borrower is in default, we can foreclose the mortgage for you.  If the value of the property is not sufficient to cover the amount of the loan, you have the option of foreclosing the mortgage through the court system and you can also obtain a judgment for the amount of the loan not covered by the property.

Our goal is to always try to resolve disputes but at times you have no choice but to fight.  While you may be reasonable, there is no guarantee that your adversary is going to act reasonably.  When a dispute cannot be resolved the first question that must be explored is how the dispute is to be resolved.  In some instances you may have entered into an agreement whereby you agreed to resolve disputes by arbitration.  In other cases, your dispute will be resolved by litigation.  In almost all cases, you will have to attempt to resolve the dispute by arbitration, mediation or another type of alternative dispute resolution method.  

Litigation, arbitration and other alternative dispute resolution methods are difficult to go through and the process can be extremely intimidating.  We cannot change the process but we can explain the process to you so that you understand what you must go through.  We can help you through the process so as to give you the best opportunity to achieve your goals.  Litigation in particular can be extremely expensive; however, our billing rates are extremely competitive with other litigation law firms.       

Landlord/Tenant Law

The basis of a good landlord/tenant relationship is a good lease that addresses the multiple issues that may face the landlord or tenant at some time in the future.  Not all leases are the same.  Leases obtained from the internet or a software program do not necessarily fit your situation.  The lease may have been drafted to comply with the laws and customs of a different sate or may be geared towards the rental of an apartment building versus a home.  A good lease should clearly spell out the terms of the agreement.  You should be able to hand the lease to a person who knows nothing about your deal and they should be able to tell you what the deal is by reading the lease.  If you have to fill-in the details or explain a section of the lease you do not have a good lease.  The lease also must address issues that might come up in the future.  Without expereince in drafting leases and dealing with landlord/tenant problems it is very difficult to properly anticipate future issues.

Of course, no lease can anticipate every potential issue or prevent people from breaching its terms.  When a lease is breached, you must first look at the rememdies section of the lease to determine what your remedies are and make sure that those remedies comply with Minnesota law.  One of the most common remedies for a landlord is eviction.  Eviction is a legal process to remove the tenant from the property due to the breach.  

At the Nash Law Firm our attorneys can draft a proper lease for you (often for a flat fee) or can help you deal with breaches of the lease whether by the landlord or tenant.  


Creditor Remedies: Foreclosures, Garnishments and Seizures

In troubled economic times, collecting money that is owed to you becomes paramount.  Account receivables rise and loan defaults increase.  Sometimes the loan is secured by collateral, other times there was no collateral or the collateral no longer covers the amount owed.  Whether you need to foreclose on a mortgage, cancel a contract for deed or sue on the promissory note, Nash & Lodge can help you.      


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