Real Estate

› Real Estate Transactions:
    Conveyancing, Leasing and Financing
    Developer Representation
› Developer Representation
› Commercial Leasing
› Construction Law
› Condominium Law
› Common Interest Community
   Associations
› Title Disputes

Real Estate Transactions: conveyancing, leasing and financing

We assist our clients in the negotiating and drafting of documents, including:

• Purchase and sale agreements for residential property, commercial property, and mixed-use commercial and residential developments
• Residential and commercial leases
• Construction agreements
• Promissory notes
• Mortgages
• Deeds
• Grants of easements
• Covenants and restrictions
• Leases, ground leases and subleases
• Asset purchase agreements
• Security agreements and financing statements
• Owner-architect agreements
• Owner-contractor agreements
• Condominium declarations and bylaws

Developer Representation

We represent real estate developers, and owners and managers of office buildings, shopping centers, condominiums, subdivisions, apartment complexes, restaurants and other commercial properties.

We provide counsel to our clients on land acquisitions, financing, creation of real estate entities, subdivision, site development, environmental matters, zoning, construction contracts, condemnations, and sale/lease transactions.

Commercial Leasing

We negotiate, draft and review commercial leases, ground leases and subleases for businesses throughout the State of New Mexico. We represent landlords and tenants in connection with the leasing of shopping centers, office buildings and apartment buildings and have negotiated major leases with nationally-recognized retailers, financial services institutions and retail chains.

Construction Law

Our attorneys represent developers, architects, builders and buyers in all aspects of construction law. We routinely draft, edit and revise owner-contractor and owner-architect contracts and related agreements. Should a dispute arise, we have prosecuted claims of defective design and construction on behalf of property owners, and defended claims made against architects, engineers and contractors both on behalf of the individuals or companies involved and as counsel retained by insurance underwriters. We also handle insurance disputes related to construction litigation.

Condominium Law

We prepare all of the documents necessary for the creation, operation and marketing of your residential, commercial or mixed-use condominium, including:

• Declaration of condominium
  
• Articles of incorporation for the condominium association
  
• Association bylaws and draft resale certificate
  
• Disclosure statement
  
• Purchase agreement
  
• NM Public Regulation Commission report filings
  
• Tax EIN and State Tax ID numbers for the Association
  
• Association orientation and minutes book
  
• Model association proxy form
  
• Initial organization minutes for the Association

Common Interest Community Associations

We represent homeowners associations (HOAs) and condominium associations (COAs) throughout the state of New Mexico.  We provide legal opinions and interpretations of governing documents, including project declarations and association bylaws. We help our clients by drafting provisions and amendments. We assist our clients in developing tools and solutions for dealing with difficult owners and assist our clients with the collection of past-due assessments. We routinely provide counsel to community association boards regarding day-to-day operational questions, and draft and review contracts for a variety of services provided to associations.

In addition to our association practice, we also offer counsel and advice to individual homeowners and condominium unit owners engaged in disputes with their community associations.

Title Disputes

We prosecute and defend title claims on behalf of individuals and pursuant to a defense provided by title insurance policies. We assist our clients with quiet title suits, disputes regarding the application and enforcement of covenants, lien disputes, notices of lis pendens, prosecution and defense of claims for access and easements (including claims for express easements, easements by implication, easements by necessity, easements by prescription, easements by implied dedication, and claims for public roads).

• Title disputes
  
• Boundary disputes
  
• Easement and access disputes
  
• Conflicts over covenants, conditions and restrictions
  
• Construction litigation
  
• Foreclosures and priority disputes
  
• Condemnation cases
  
• Land use

We handle complex foreclosures and priority disputes for lenders and on behalf of junior lienholders and mortgagees in priority disputes and foreclosures.  We also represent property owners in asserting rights in foreclosure suits and have represented property owners, junior lienholders and mortgagees in exercising their redemption rights. If foreclosure leads to Bankruptcy, we are prepared to represent our clients in Bankruptcy court.

Our attorneys have also represented property owners and governmental entities in condemnation cases. We have experience in resolving disputes related to the appropriation of property, property valuation, and damage to remaining property as a result of condemnation.

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Attorneys with Expertise

› Charlotte Hetherington
› John Patterson
› Debora Ramirez
› Ralph Scheuer
› Rachel Winston