Real Estate Law

“It is a comfortable feeling to know that you stand on your own ground. Land is about the only thing that can’t fly away.” – Anthony Trollope 

Condominium and Property Owners’ Associations

Brenner Kaprosy Mitchell, L.L.P. represents individuals buying or selling condominiums as well as condominium owners’ associations.  We are committed to assisting our clients in making informed decisions and in understanding the laws governing condominium associations.  We also handle all aspects of forming and terminating condominium associations.  In addition, we are experienced in condominium conversions and combine our corporate and tax knowledge to provide the most beneficial restructuring options for our clients.  We also represent various property and homeowners’ associations.

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Landlord/Tenant Law

Brenner Kaprosy Mitchell, L.L.P.’s attorneys have significant experience representing clients in residential and commercial contracts and related matters, with an emphasis on landlord representation. Our Landlord/Tenant practice includes preparation and negotiation of leases, policies, rules and regulations, rent collections and ejectment proceedings.  We represent owners of both small and large apartment buildings and complexes, management companies and condominium associations.

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Real Estate Development

Our experienced attorneys represent property owners and developers in the residential and commercial development process, including zoning and land use issues, environmental issues, due diligence review, contract and other documentation negotiations and preparation.  We also provide counseling regarding financing and other issues which arise during the development of residential subdivisions, office complexes, shopping centers, commercial and industrial structures and projects, multi-family projects and other commercial uses. Our attorneys also assist developers after the construction of a real estate project by providing services including leasing and contract advice, transfer of ownership, closing and facilitation of title insurance.

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Real Estate Transactions – Commercial

Members of our Real Estate Team handle all aspects of commercial real estate transactions including acquisitions, divestitures, leases and financings.  Our attorneys provide counsel at every stage of a project, from the acquisition of property through construction and disposition, whether it is a simple closing or the most complex development of regional impact.  We structure, negotiate and document transactions from start to finish.  We offer a due diligence review of all aspects of real estate deals, such as title, leases, entitlements, environmental and other contractual and legal obligation that affect cash flow and valuation.

We represent both lenders and borrowers in connection with real estate and business loans, including sophisticated purchases and sales of commercial property and large individual residences, cooperative apartment and condominium purchases and sales in Ohio and Florida as well as other states.

Our attorneys provide counsel to clients on environmental issues relating to lease transactions, contractual indemnity, lender liability and environmental audits. We have often represented clients in negotiating and drafting retail leases, office leases, industrial leases, lease modification or termination agreements, management contracts and contracts for services. In this regard, our attorneys have represented shopping center operators and national and regional retail lessees in scores of leasing transactions. In addition, our attorneys have represented national and regional owners of apartment complexes in leasing and management of their facilities.

Our clients come from every sector of the real estate industry including owners, developers, investors, real estate brokers, landlords, tenants, contractors, property managers and other service providers.

In addition to our legal services, we also have the ability to offer our clients title insurance through our affiliated companies, Sterling Ohio Title Agency, L.L.C., an Ohio title company, and Sterling Title Services, a Florida title company.

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Real Estate Transactions – Residential

Brenner Kaprosy Mitchell, L.L.P. is often engaged to represent clients in buying and selling individual homes as well as large tracts of land for future development.  Our legal professionals handle every aspect of a residential transaction including contract preparation and review, conducting due diligence and overseeing feasibility and all types of environmental studies.

We also have the ability to offer our clients title insurance through our affiliated companies, Sterling Ohio Title Agency, L.L.C., an Ohio title company, and Sterling Title Services, a Florida title company.

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Zoning and Land Use

Brenner Kaprosy Mitchell, L.L.P. represents clients across the full spectrum of land use matters including zoning, comprehensive plans, plats, planned unit developments, special use permits, variance, appeals and environmental issues.  We assist our clients with issues relating to property zoning and rezoning and obtaining all approvals necessary to subdivide and develop sites or make vertical improvements.  Our attorneys use their experience to guide our clients through the constantly changing regulatory process and advise our clients on how to meet regulations and secure approvals of various applications before the appropriate zoning or planning board.

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Affiliated Title Companies:

 Sterling Ohio Title Agency, L.L.C. (Ohio)
            Sterling Title Services, L.L.C. (Florida) 

The Sterling Agencies – Sterling Ohio Title Agency, L.L.C. and Sterling Title Services, L.L.C. – were formed with a commitment to providing exceptional service to realtors, lenders, attorneys, builders, sellers and buyers in Ohio and Florida.

Sterling Ohio Title Agency provides real estate title services primarily in Cuyahoga and the surrounding counties in Northeast Ohio, but is authorized to furnish services in any of Ohio’s 88 counties.  Sterling Title Services is licensed to provide title services throughout the State of Florida.  The Sterling Agencies are authorized agents for Old Republic National Title Insurance Company, First American Title Insurance Company and LandAmerica Title Insurance Company.  As such, the Sterling Agencies have the ability to offer their services and assistance to customers on residential and commercial transactions nationally through the national underwriting service network.

Sterling Ohio Title Agency and Sterling Title Services have a team of associates to accommodate all of your title service needs.  Sterling Ohio Title Agency’s primary office is located in Independence, Ohio and utilizes the escrow services of Revere Title Agency, Inc., a title company formed in 2003 by Thomas A. Vacca, a 34-year industry veteran and former Vice President and Director with one of Ohio’s leading title insurance companies, to conduct its escrow closings.  The main office of Sterling Title Service is located in Coral Springs, Florida.  For more information on the services provided by the Sterling Agencies, please contact Mindy T. Toth at (440) 247-5555 or mtoth@brenner-law.com.

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