Real Estate

The lease agreement transactions that go smoothly don’t cause any notoriety; all the parties are happy in the end. The problem is when transactions go wrong. The main question in the case of a complex transaction becomes, will yours be the side exposed to the most liability? We want to do everything in our power to protect you if a problematic legal situation does arise.

Every Purchase and Sales Agreement represents a substantial change to your balance sheet. A Seller will be divesting him or herself of a property they know well and converting it into cash or a new property through a 1031 exchange. A Buyer is new to this property, and no matter how experienced they are in real estate, there is a lot to learn about this particular property, and a lot to know about making a good Agreement.

For any business, the entity itself, the LLC or Corporation that holds title to the property, is part of the foundation of the success of the overall project. The correct entity type and formed in the correct manner can have a significant impact on its ultimate success and the personal liability of its founder or members. While there are advantages and disadvantages to each type of entity, we have found that clients often misunderstood. Many times they think they must have an LLC or an S-Corp. Each means different things in terms of personal liability for businesses’ debts, tax liability, formation cost, and book keeping requirements.

Syndication is the legal path to private equity funding, but it could lead to a breach of SEC rules if not done correctly. We offer a full package of agreements and disclosures, including a Private Placement Memorandum, Operating Agreement, Subscription Agreement to protect you and your investors. When reviewing a client’s marketing package, Moschetti Law Group focuses on areas that will increase their ability to raise capital. This can mean suggestions for improving elements of the package from the perspective of a potential funder. We are experienced with marketing packages geared toward generating capital through private or public funding sources, including real estate crowdfunding.