Commercial and Residential Real Estate Law
Real estate law requires the steady guidance of experienced professionals to navigate through the maze of real estate law issues. At Kuiper Orlebeke, we can help you. Our real estate practice areas include development, financing and syndication of single-and multi-family projects, lender representation, land use regulation, construction law, real estate brokerage law, use of local, state, and federal development incentives, condominium law, residential and commercial purchase and lease transactions, real estate litigation, property tax exemptions, tax tribunal advocacy, quiet title actions, and negotiation and documentation of real-estate related transactions of all sorts.
Whether you are a home buyer or seller, a commercial developer, a construction contractor, lender, a real estate broker, a condominium association, a commercial property owner, a property management company, a landlord or tenant, we can provide you with experienced, thoughtful advice. Some of our practice areas are further described below.
Real Estate Litigation
There may be no firm in Michigan with more experience than Kuiper Orlebeke in representing real estate licensees. We have an unsurpassed record of success in defending litigated claims against real estate brokers and salespersons, and remain as counsel of choice for brokers who are looking for a strong advocate and a successful outcome. Our attorneys practice in all state and federal courts, and we have handled these claims in nearly every part of Michigan.
Other real estate practice litigation areas include construction defects, actions to quiet or otherwise determine interests in title, easements, actions for or against condominium associations, landlord-tenant, fraud and misrepresentation, foreclosure and forfeiture, breach of contract, specific performance, construction lien, commission suits, Michigan Tax Tribunal representation. We also handle arbitration, mediation, and professional standards administrative hearings.
Development and Financing Law
Our attorneys have several decades of experience assisting developers, lenders, investors, buyers and sellers to successful conclusion of residential and commercial transactions. Whatever is your project—constructing a large multi-family development, renovating an historic building, building a condominium community, creating a residential subdivision—the development process is complex and sometimes prolonged. It begins with an idea, one that may or may not result in an actual development, because the development must make sense. We can help you through that analysis, and then through the process of identifying and acquiring the right property at the right price, but that only after completing a feasibility analysis and all due diligence. That process is unique to each parcel of real estate. We can help you understand and work through the questions and problems that attend every real estate acquisition. Our team knows, understands, and has helped countless clients work through survey, zoning, environmental, title, land use, regulatory, permit, construction, and nearly every other issue presented in the context of real estate development.
We also specialize in developments that employ one, or sometimes several incentives that are available only through local, state and federal programs. For 25 years Kuiper Orlebeke attorneys have creatively assisted clients whose mission is to provide high quality affordable single- and multiple-family housing throughout west Michigan. We have helped structure several hundred million dollars of transactions employing one or several of the following financing sources: tax credits under Section 42 of the Internal Revenue Code, historic tax credits, Brownfield tax credits, tax-exempt, taxable, and pass-through bonds, AHP financing from the Federal Home Loan Bank, New Markets tax credits, Section 8, Sections 221, 236, and 811, the Mark to Market program, many community–specific, and various MSHDA lending programs. These complex transactions involve the formation and structuring of corporate, LLC, and limited partnership entities and the syndication of each development. We also negotiate and draft agreements with architects, contractors, environmental consultants, surveyors and other outside contractors as needed. We work with banks and investors to document and balance their respective interests. On behalf of lenders, we bring to bear our expertise in this area to properly document and secure the lender’s position.
Land Use Regulation
Understanding the complexities and nuances of land use regulations is one of Kuiper Orlebeke's specialties. Our attorneys have extensive knowledge and experience in handling all permitting and compliance issues for clients seeking to locate and develop new sites, relocate or expand their operation. We work closely with local government officials to make sure that the land for your real estate or development project has the appropriate zoning and has obtained necessary permits and approvals. It takes knowledgeable, skilled negotiators to produce results when dealing with these issues, and Kuiper Orlebeke has a proven track record of success.
Real Estate Broker Law
Since 1985 our attorneys have counseled, trained, and advocated for hundreds of real estate licensees throughout the state. Our clients have included residential and commercial real estate brokerages of all sizes, and currently includes some of the largest real estate brokers in Michigan. We have also served real estate associations, real estate educators, and individual licensees. Some of the cases that we have handled have made important law in this area and are frequently relied on by courts and in licensee training courses.
In addition, we offer our clients regular agent training, document drafting, updates in emerging areas of real estate law, and “real time” telephone access. The “real time” assistance helps our clients provide the highest quality professional services by providing advice at the time it is needed—when a transaction is underway—not after it has failed because a problem was not addressed that could have been addressed and solved earlier. Specific additional practice areas include RESPA, Occupational Code complaints, ethics and business disputes, commission claims, licensing, entity formation, document drafting.