McNally Peterson, S.C. | Real Estate
Call Us at 414-257-3399
Practice Areas

Real Estate

COMMERCIAL AND RESIDENTIAL TRANSACTIONS

We work with a broad range of participants in the real estate market, including banks and real estate lending institutions, residential and commercial property developers, homeowners, contractors and property management companies and condominium associations. We advise clients who are:
 
  • Negotiating with contractors, architects and other construction-related professionals
  • Purchasing or selling commercial and industrial real estate
  • Financing real estate transactions and reviewing the necessary bank loan documentation
  • Purchasing or selling single and multi-family properties
  
TITLE INSURANCE ISSUES


Title insurance is involved in virtually every real estate transaction in Wisconsin.  Typically, the seller is obligated to provide an owner's policy of title insurance to the buyer, insuring that the buyer has received clear title to the property. If bank financing is involved, the lender will require the buyer to purchase a policy of title insurance to insure the lender's mortgage as a valid, enforceable lien against the property.  Title disputes are infrequent, but can arise for a range of reasons, and we are familiar with many.
 
  • Agent error and omissions
  • Escrow fraud
  • Disputes over coverage definitions and survey disputes
  • Easement, boundary and access disputes
  • Mechanics and prior lien defense
  • Mortgage disputes, including fraud and forgery
  • Right of first refusal claims
  • Title defect litigation
  • Title conveyance issues
  • Validity and priority of liens
 
CONDOMINIUM ASSOCIATION LAW

We represent condominium associations with respect to general corporate governance matters, amending condominium charter documents (i.e., Declaration of Condominium, Articles of Incorporation, Bylaws, and Rules and Regulations) and resolving issues concerning residential unit owners. Our engagements include:
 
  • Issues related to the formation of condominium associations
  • Resolving disputes between condominium owners and the condominium association
 
LEASES

We assist business owners in negotiating, drafting and reviewing leases for residential, office, manufacturing and warehouse space. We handle commercial leases while representing tenants, landlords, subtenants and lenders and have handled a wide range of issues in leases including:
 
  • Providing counsel for environmental issues that may arise and performing necessary due diligence
  • Advising lenders with lease reviews for real estate financing transactions
  • Advising on zoning and permitting issues that may arise in a lease
  • Advising on leases involving local governmental entities
  
ENVIRONMENTAL SITE ISSUES

We provide advice that enables our clients to resolve state and federal regulatory issues before they become problems.  We look for creative and right-sized solutions to facilitate compliance.  We assist with corrective action under applicable self-policing policies. Our work includes:
 
  • Advising business owners on their responsibility for appropriately maintaining leaking underground fuel storage tanks and addressing remediation cost recovery
  • Representing companies facing environmental clean-up requirements
  • Advising on environmental site assessments of business properties about to be purchased or sold