Real Estate

Brinkley Morgan Real Estate attorneys provide clients with counsel on all types of Real Estate transactions relating to the purchase, sale, financing, development, lease and other use of commercial and residential property.

Purchase and Sale Contracts

Real estate transactions generally begin with the contract for purchase and sale. Most residential transactions utilize the “FRBAR” standardized contract developed jointly by the RPTL Section of the Florida Bar and the Florida Association of Realtors. Our real estate lawyers know every aspect of that contract and are able to utilize its nuances to our clients’ advantage, whether buyer or seller. Most commercial transactions utilize a more sophisticated deal specific contract. We have developed forms over decades of practice to best position our clients to achieve their intended results.

Residential and Commercial Real Estate Closings

The Real Estate Department, through its lawyers and paralegals, handle hundreds of commercial and residential closings each year from beginning to end, with values ranging from $100,000 to $100 million. We represent buyers, sellers, and lenders in all aspects of the transactions.

Mortgage Loan Closings

One of our premier specialties is the representation of banks and commercial mortgage lenders in both purchase money and refinancing transactions, as well as high-end residential loan transactions. We have expertise in entity-oriented transactions designed to minimize transfer taxes (documentary stamp and intangible tax) and provide as smooth a closing process as possible for our lender clients’ borrowers.

Real Estate Development and Construction

We represent developers, builders, buyers and lenders in the construction and sale phases of development. We provide tailored construction and loan agreements and sale and lease agreements for disposition of units upon completion.

Multi-Family, Shopping Center / Retail / Office / Industrial

We represent developers, owners, sellers and buyers in all the foregoing types of commercial and residential properties.

Lease Agreements

From the simplest short-term occupancy agreements on residential properties to highly complex multi-decade commercial lease agreements, we represent landlords and tenants in structuring and preparing leases.

Title Insurance

We provide title insurance policies, opinions of title and other title insurance products on all real estate transactions. We are authorized agents and write on all major national underwriters. Our Florida Bar Board Certified real estate lawyers are often consulted by underwriting counsel on complex real estate title insurance issues.

Tax Deferred Exchanges

IRS Code Section 1031 deferred exchanges provide one of the most tax advantaged legal tax deferral mechanisms available. We have considerable expertise in handling single and multi-property exchanges and reverse exchanges including those with deferred construction components. We have contacts with Qualified Intermediaries capable of holding funds and properties for any transaction.

Loan Workouts

In conjunction with our litigation department we are able to provide extremely sophisticated loan work-out plans for lenders and borrowers and we help facilitate the purchase and sale of loan products.

Cooperative Apartments

We have unique experience representing cooperative associations in purchases and sales of their units, and lenders providing loans to co-op purchasers.