Legal Services

Real Estate Law

Our real estate attorneys are actively engaged in representing clients in a wide variety of real estate matters. We routinely assist in the purchase and sale of commercial and residential properties, negotiate practical solutions to real estate problems, and litigate or arbitrate the disputes that cannot be resolved. We also counsel in the development, land use, and financing of real property and are frequently appearing at local planning commissions, zoning boards, and tax assessment appeal boards pursuing the rights of our clients.

Real Estate – Transactional

We understand commercial and residential transactions from every angle as we represent not only buyers and sellers, but also landlords, tenants, investors, title companies, and brokers. We know that one of the most important parts of a commercial deal is the lease, and we have extensive experience negotiating complex commercial leases on behalf of our clients.

We will work with you to provide sound legal counsel and innovative ideas for complex problems with responsive, personal service.

Hilger Hammond is actively involved in the local real estate industry, including the Commercial Realtors Association where we frequently present on new developments in real estate law.

Examples of the transactional real estate services we provide include:

Buying and selling commercial and residential property, including the drafting, review and negotiation of the following:

  • Letters of intent
  • Purchase agreements
  • Surveys, environmental reports, existing leases and other due diligence materials
  • Title work and navigating issues, corrections, or endorsements necessary to provide clean title
  • Loan documents and alternate funding source documentation
  • Closing documents, including settlement statements, bills of sale, mortgages, deeds, closing affidavits, etc.
  • Attending closings in coordination with title company and lender
  • 1031 exchange transactions
  • Easements
  • Affidavits of interest
  • Construction liens
  • Mortgages
  • Rights of first refusal, options to purchase, etc.
  • Shared driveway agreements
  • Leases or amendments to leases
  • Leases with build-out or tenant improvements specified or incorporated
  • Compliance with Liquor Control Commission transfer requirements in transactions involving sale of licensed businesses and real estate
  • Service agreements, construction contracts, and material purchase orders
  • Condominium documents including master deeds, bylaws, and amendments
  • Escrow agreements
  • Cell tower leases
  • Billboard leases

Our lawyers have assisted clients with the following matters in the past several months:

  • Assisted with the sale and/or purchase of multiple NNN leased commercial properties such as restaurants, banks, and dollar stores throughout the State of Michigan, Texas, and Florida
  • Assisted with the purchase, development, and rezoning of a multi-million dollar property in Kent County, Michigan
  • Organized new condominium developments in Michigan
  • Represented seller of commercial property in successfully restructuring and closing sale after buyer defaulted under original sale agreement
  • Assisted with organization of investor group to finance construction of commercial property when conventional financing was unavailable
  • Counseled client on use of dock at road end
  • Successfully navigated COVID-19 created limitations to close on the sale and acquisition of multiple commercial real estate properties across Michigan
  • Negotiated and prepared commercial leases for retail, office, and industrial properties
  • Negotiated the acquisition of a Canadian hunting lodge for local purchasers

Real Estate – Litigation/Arbitration

When real estate issues cannot be negotiated or resolved and it is time to fight, you have come to the right place. Hilger Hammond vigorously represents clients in litigation, arbitration, and other proceedings involving real property such as tax assessment appeals, planning commissions and zoning boards, condominium association disputes, quiet title actions, boundary disputes, easement disputes, dock, or beach access rights. We work closely with you to identify your objectives from the beginning so that we can provide clear, proactive, and practical advice and together formulate a strategy that achieves your goals.

Some such examples include:

  • Action on behalf of owner against adjoining property owners regarding interpretation and enforcement of easement rights
  • Action on behalf of owner regarding scope and use of an access easement on lakefront property
  • Action on behalf of owner regarding the scope, use, and maintenance obligations of a shared private road
  • Action to enforce zoning ordinances against trespassing adjoining property owner
  • Tax assessment appeal to the Michigan Tax Tribunal resulting in a favorable settlement
  • Appearance at local Zoning Board of Appeals to pursue zoning appeal
  • Appearance at local planning commission meeting to advocate for client
  • Claim against real estate broker for errors in termination of purchase agreement
  • Seller’s disclosure lawsuits both for buyers and sellers
  • Boundary disputes
  • Dock ownership and use disputes
  • Claims of specific performance and breach contract concerning the purchase of hotel
  • Quiet title actions
  • Landlord-tenant claims and eviction proceedings – both commercial and residential
  • Action to collect membership fees for property owner’s association
  • Disputes involving condominium associations and developers
  • Successfully quieted title for owners of properties with title defects purchased at tax foreclosure sales
  • Action to enforce zoning ordinances against trespassing adjoining property owner
  • Tax assessment appeal to the Michigan Tax Tribunal resulting in a favorable settlement
  • Appearance at local Zoning Board of Appeals to pursue zoning appeal
  • Appearance at local planning commission meeting to advocate for client
  • Claim against real estate broker for errors in termination of purchase agreement
  • Seller’s disclosure lawsuits both for buyers and sellers
  • Boundary disputes
  • Dock ownership and use disputes
  • Claims of specific performance and breach contract concerning the purchase of hotel
  • Quiet title actions
  • Landlord-tenant claims and eviction proceedings – both commercial and residential
  • Action to collect membership fees for property owner’s association
  • Disputes involving condominium associations and developers
  • Successfully quieted title for owners of properties with title defects purchased at tax foreclosure sales

Real estate law requires the steady guidance of experienced professionals to navigate through the maze of legal issues. We look forward to the opportunity to work with you.

Our Real Estate Attorneys

Benjamin H. Hammond

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Aileen M. Leipprandt

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Mark A. Rysberg

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Jill K. Miller

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