Members

Counsel

Associates

Paralegals

  • Noelia Carreira
  • Maura Cavallaro
  • Rebecca Cross
  • Nancy Drenga
  • Krista Huebner
  • Susan Lueddeke
  • Jessica Paige
Real Estate

Real Estate

Real Estate General Overview

Brach Eichler’s Real Estate practice has earned a reputation for combining a practical, business-like approach with creative solutions, to give our clients the competitive edge. We meet the needs of our clients in matters ranging from the most complex transactions on a national level to smaller, routine transactions. Our personal experience and depth of understanding of the legal issues and business issues that drive real estate transactions allow us to render advice to our clients that is both legally sound and practical on a business level.

We have distinguished ourselves from other real estate practices by spotting the key issues, moving deals forward and always focusing on the client’s best interests.

Our Real Estate group includes attorneys with extensive experience in sophisticated and complex transactions, complex financial structuring, environmental issues, zoning issues, tax planning and the full range of regulatory and transactional issues, including:

  • Apartment building development, acquisition, sales and financing
  • Retail and commercial leasing, development, sales, acquisition and financing
  • Commercial real estate finance and lending, including mortgage finance, structured finance, mezzanine and preferred equity finance
  • Real estate joint ventures and equity syndications
  • Zoning, land use, development and planning
  • Regulatory and code compliance
  • Condominium, cooperative and other planned unit development communities

Multi-Family Properties

Alan Hammer, the senior attorney in our Real Estate Practice Group is a well-recognized and respected investor and operator of multi-family properties throughout New Jersey and Pennsylvania. Our clients include some of the largest, most well-respected owners of multi-family properties in the region. Our attorneys are well-qualified to assist clients in all aspects of real estate and financing transactions involving multi-tenant buildings, as well as to provide guidance to our clients with respect to the business issues related to the acquisition, sale and day-to-day operation of such properties.

Commercial Real Estate Finance and Lending

Commercial lending has been a perfect complement to our real estate practice. We routinely represent numerous lenders and borrowers in financing and lending transactions, from large, complex loans to smaller, simpler transactions, as well as mezzanine loans and other alternative financing sources. We approach financing transactions with an in-depth, well-balanced understanding of the needs and concerns of all the parties to the loan transaction. Our extensive experience enables us to guide our clients through the issues that arise during the course of such transactions and to offer practical solutions to such issues that promote the mutual interests of both parties in getting the transaction completed as quickly and cost-effectively as possible. Clients value the role we play as facilitators in such lending and financing transactions, identifying critical issues and offering workable solutions to those issues consistent with their legal and business objectives.

1031 Tax Deferred Exchanges

Our Real Estate Practice Group also works closely with clients to facilitate tax deferred exchanges under Section 1031 of the Internal Revenue Code, including forward and reverse exchanges, drop and swaps, and other similar transactions. Our Real Estate attorneys have the experience necessary to successfully navigate through Section 1031 of the Internal Revenue Code to ensure that our clients are successfully deferring any potential capital gains from the sale of investment real estate.

Retail, Commercial and Industrial

We represent owners of office buildings, regional shopping malls, suburban office parks, lifestyle and other smaller retail centers, and general office and industrial properties from the initial stages of development, acquisition and financing through negotiation of leases and lease renewals and sales.

Land Development, Planning and Zoning

Our land use attorneys represent owners and developers of real estate in all phases of the approval and entitlement process, including securing zoning changes; obtaining site plan, subdivision and variance approvals; and resolving land use, code and regulatory compliance issues. We provide counsel on affordable housing and land preservation matters.

Condominiums and Planned Real Unit Developments

We have represented owners and developers in connection with the creation of condominiums and planned unit developments, including drafting master deeds, organizational documents, offering prospectuses and other registration materials. Our extensive representation of multi-family property owners has given our attorneys the opportunity to convert countless multi-family properties into residential condominium communities. Our attorneys have developed and executed strategies to enable a successful conversion, while affording residential tenants all of their rights and entitlements under the law. We have extensive experience in residential homebuilding and developing, including creation of planned unit developments, construction finance, residential construction contracting and representation of associations. In addition, our attorneys create and represent commercial condominiums, mixed-use projects, resort communities and condominium hotels, and recreation facilities.

Real Estate Tax Appeals

For more than 35 years, Brach Eichler real estate attorneys have rendered careful counsel to clients involved in the appeal of property taxes. Our Real Estate Tax Appeals Practice Group is comprised of full-time attorneys and carefully trained support staff who handle hundreds of appeals annually and who possess a thorough understanding of the most intricate legal issues affecting investment real estate. The Group provides clients with unique insights to enhance the prospects of success for their tax appeals, and the tested experience of the Group ensures the thorough analysis and handling of each client’s potential appeal. Our attorneys have participated in more than 50 reported decisions.

Brach Eichler attorneys appear before all 21 New Jersey County Boards of Taxation, the Tax Court of New Jersey, the Appellate Division of the Superior Court and the Supreme Court of New Jersey. The Group also appears before Pennsylvania's County Boards of Assessment Appeals and the Pennsylvania courts. Additionally, representation has been provided in the U.S. Bankruptcy Court and other jurisdictions. The primary beneficiaries of our Tax Appeals practice include owners of apartment houses, office buildings, industrial properties, commercial shopping centers, super regional malls, condominiums/co-ops, wetlands, contaminated property, tax-exempt entities, hotels and motels, tenants, owners of large, highly taxed single family homes, and nursing homes.

Property tax reform and property tax relief are the “hot topic” of political and social discussions; however, there is no telling where this will occur. With this in mind, it is incumbent upon prudent management to annually monitor assessments and assessment changes. Our attorneys can assist in this process by reviewing financial reports, leases and other information to determine when the filing of a tax appeal is appropriate.

Our attorneys can also provide counsel regarding the value of both real property and business enterprises in matrimonial, shareholder and/or internal partnership disputes. Moreover, should a client’s property become the target of eminent domain/condemnation proceedings, our attorneys can assist in maximizing the recovery.

Environmental and Land Use

Environmental regulations have an impact on all aspects of property ownership and development, and New Jersey is considered one of the most demanding jurisdictions in environmental regulatory controls. We advise our clients on all aspects of environmental law, assisting companies across a wide range of industries with challenging environmental, land use and natural resource concerns. Our attorneys have experience in virtually all aspects of environmental practice, including all transactional and litigation services, so we can help our clients navigate federal, state and local regulations and resolve disputes, in order to allow them to pursue their business objectives. We help assess – and then minimize – environmental risks in acquiring properties.

Environmental Compliance Site Remediation

Environmental regulations are constantly changing. We counsel our clients to be proactive in managing environmental issues as part of their business strategies. This includes:

  • Advising clients on state and federal laws and regulations
  • Addressing day-to-day business decisions to resolve environmental concerns and improve operations
  • Assisting clients with environmental permitting, project development, natural resources issues, air pollution control, solid and hazardous waste minimization, handling and disposal, and water issues
  • Serving as common counsel to national Superfund trusts that successfully resolved lawsuits and identified responsible parties
  • Facilitating clients' compliance with directives and administrative consent working closely with the United States Environmental Protection Agency
  • Overseeing environmental consultants and engineers in the conduct of remedial activities and interact with the public
  • Counseling on compliance with site remediation requirements under ISRA and other regulatory programs
  • Representing parties seeking to purchase property and conducting environmental due diligence

Litigation, Enforcement and Toxic Tort

Our attorneys have trial and appellate experience in state and federal courts, and before administrative agencies, including:

  • Representing clients in civil and administrative enforcement actions, as well as private lawsuits
  • Representing clients in administrative appeals
  • Litigating suits involving current and former owners, tenants and operators over cleanup responsibility, cost recovery, contribution, and related costs and damages
  • Negotiating with state environmental agencies and the United States Environmental Protection Agency to lower penalties and resolve enforcement actions involving environmental compliance issues for air, water, stormwater, hazardous and solid waste and spill prevention
  • Defending potentially responsible parties in government cost recovery and liability actions
  • Representing defendants in major complex toxic tort litigation involving numerous plaintiffs and defendants

Due Diligence

  • Assisting individuals, developers and large corporations with environmental issues involved in real estate transactions
  • Working with real estate counsel to draft environmental provisions benefiting clients in purchase and sale agreements and other loan documents and overcoming lender hesitancy and reservation where environmentally challenged properties serve as loan collateral
  • Advising clients on the selection, retention and supervision of environmental consultants and engineers
  • Identifying issues problems and selecting solutions to avoid future environmental problems associated with transactions

Land Development, Planning and Zoning

Our land use attorneys represent owners and developers of real estate in all phases of the approval and entitlement process, including securing zoning changes; obtaining site plan, subdivision and variance approvals; and resolving land use, code and regulatory compliance issues. We provide counsel on affordable housing and land preservation matters.

Recent Blog Posts

As the Deadlines for 2018 Tax Appeals in Pennsylvania Approach, Taxpayers Should be Prepared to Carefully Review Their AssessmentsReal Estate and Real Estate Tax Appeals Blog | June 15, 2017

A Careful Review of your 2017 Tax Assessment Could Save You Thousands on Real Estate TaxesReal Estate and Real Estate Tax Appeals Blog | February 1, 2017

Bill S2836Real Estate and Real Estate Tax Appeals Blog | January 24, 2017

2017 Revalued/Reassessed MunicipalitiesReal Estate and Real Estate Tax Appeals Blog | November 30, 2016

Attention Owners of Real Property in Monmouth County New JerseyReal Estate and Real Estate Tax Appeals Blog | December 23, 2015

Tax Court Emphasizes Need to Follow Timing Rules in Bringing Chapter 91 MotionsReal Estate and Real Estate Tax Appeals Blog | December 3, 2015

Hospitals Beware: Settlement of Morristown Hospital Exemption Case May Result in Municipalities Seeking Real Estate Tax Payments on Formerly Exempt Hospital PropertiesHealth Law, Real Estate and Real Estate Tax Appeals Blog | November 19, 2015

MEMBERS

COUNSEL

ASSOCIATES

PARALEGALS

  • Noelia Carreira
  • Maura Cavallaro
  • Rebecca Cross
  • Nancy Drenga
  • Krista Huebner
  • Susan Lueddeke
  • Jessica Paige