Boston Real Estate Attorney - Berluti McLaughlin & Kutchin LLP

Boston’s dynamic real estate market demands experienced legal guidance to navigate its unique challenges. From the city’s historic brownstones and high-rise condominiums to its ever-growing commercial developments, real estate transactions in Boston require a thorough understanding of local laws and market trends. At BMK Legal, we offer tailored legal services to meet the diverse needs of buyers, sellers, developers, and property owners across the city.
Our seasoned real estate attorneys combine decades of experience with in-depth knowledge of Boston’s permitting processes, zoning regulations, and real estate laws. Whether you’re looking to close a property deal, resolve a zoning dispute, or secure financing for a major development, we provide the experience and support you need to navigate the complexities of the Boston real estate market with confidence. Our team of seasoned real estate attorneys is here to protect your interests and ensure a smooth transaction from start to finish. Boston firm BMK Legal is here to help if you need a real estate attorney.

What Does a Boston Real Estate Attorney Do?

A Boston real estate lawyer is an advisor and advocate. They help you navigate the legal intricacies of property transactions. Our knowledge spans a wide range of real estate matters, including:

Residential and commercial transactions,
Entity formation for real estate investments,
Condominium law,
Permitting and zoning,
Real estate development and construction,
Leasing agreements, and
Financing and due diligence.

We approach every case with a multi-disciplinary perspective, combining decades of experience to offer personalized solutions for each client.

Comprehensive Representation in Real Estate Transactions

Buying or selling property involves numerous legal considerations, from title reviews to contract negotiations. BMK has a sophisticated real estate practice, including representation of large condominium and single-family projects from acquisition through funding, subdivision, construction, submission for approval pursuant to the condominium statute, and individual sales. Our corporate and real estate teams have overlapping experience reflecting the reality of business today, which requires a multi-disciplinary and nimble approach.

Our Boston real estate attorneys assist clients in:

Evaluating potential risks through due diligence,
Drafting and reviewing purchase and sale agreements, and
Negotiating terms that align with your financial and operational goals.

For sellers, we focus on ensuring compliance with all legal requirements and securing favorable terms. Buyers benefit from our attention to detail in identifying potential liabilities, zoning issues, or environmental concerns before committing to a purchase.

This breadth of knowledge, combined with decades of experience, allows us to offer our clients the highest-quality representation at a reasonable cost.

Condominium Law Practice Area

Condominium development and governance require a deep understanding of Massachusetts condominium statutes. BMK is well-versed in Massachusetts condominium law and has successfully submitted several projects for approval to the state including single and multi-phase condominiums. We represent several dozen condominiums with regard to routine and extraordinary governance issues, including enforcement of the Master Deed and By-Laws against individual unit owners. We have a great deal of experience assisting clients with the development process from start to finish, including negotiation of construction contracts and advising our developer clients on pre- and post-transition issues.

BMK Legal has successfully guided developers, associations, and unit owners through every stage of the process, including:

Developers—assisting with multi-phase condominium submissions and construction contracts, as well as resolving disputes with contractors;
Associations—providing ongoing advice on governance issues, advising them on interpretations of their governing documents and the latest Massachusetts condominium laws, enforcing Master Deeds and by-laws, and collecting unpaid fees; and
Unit owners—representation of individual unit owners in disputes with their associations, with contractors, or with other unit owners.

Whether you are a condominium developer, association, or individual unit owner, BMK Legal can serve as your advisor and legal representative.

Entity Formation for Real Estate Investments

Choosing the proper legal structure for your real estate ventures is critical to protecting your assets and minimizing liability. BMK assists its clients in selecting and forming the appropriate entity for its real estate needs.Our attorneys evaluate:

The type of acquisition (whether part of the purchase of a business or of property currently leased by the buyer, investment property or land for development),
The number of investors, and
The future use of the property

We also assess the acquisition in the context of our client’s business as a whole with attention to the separation of the real estate from other business operations for liability protection.

BMK Legal helps clients form entities to organize their real estate holdings effectively. We are experienced in forming limited liability companies including Delaware Series LLCs, which permit assets owned by the entity to be segregated into separate categories for operational purposes and added protection from liability.

Leasing Agreements: Protecting Your Interests

Leases are vital agreements that define the relationship between landlords and tenants. BMK knows that our clients’ leases are critical commercial agreements that affect their business on a day-to-day basis. Our firm provides practical guidance to ensure leases meet our clients’ needs.

We represent both landlords and tenants in the drafting and negotiation of leases for all types of commercial space, including office, retail, warehouse, and R&D. We keep up with current legislation and case law to ensure that our clients benefit from and are protected from recent changes in Massachusetts law while crafting straightforward documents reflecting the intent of the parties.

While the rent and term of the lease are important provisions, they are just the tip of the iceberg when it comes to drafting an effective lease agreement. BMK works with our landlord clients to ensure that all costs associated with a lease are effectively passed on to the tenant, that their repair and maintenance obligations are clear, and that the space is returned to them in proper condition.

We work with our tenant clients to ensure that the space is usable as intended, that their repair and maintenance obligations are clear, and that the landlord ensures their undisturbed use of the property.

Purchases and Sales

BMK represents our clients in the acquisition of real estate, including raw land, office buildings, storage sites, and manufacturing facilities. We assist in evaluating the viability and profitability of a proposed acquisition or project in coordination with our clients’ insurance agents, environmental firms, surveyors, engineers, and lenders. As part of our evaluation, we assess the applicable permitting and zoning regulations to ensure that our clients’ goals for the site can be realized before significant time and money are committed to a project.

We advise our clients and draft real estate documents with the goal of avoiding problems and limiting risk, regardless of which party we represent. Sellers generally want to lock in the potential buyer and set strict timeframes on inspection and financing contingencies. They want to know that the buyer is committed before they take the property off the market.

Buyers want the ability to exit a deal if they are unhappy with inspection results or if they are unable to secure financing at a reasonable rate. They want to know what they are buying before they commit to closing. We understand these issues, and as part of our tailored and full-service approach to serving our clients, we negotiate documents that work in our clients’ favor on the points that are most important to them.

Navigating Permitting and Zoning

Zoning and permitting laws and regulations control how land is used in Massachusetts. Each city and town creates these laws, and the aim is to balance community goals and property rights. Zoning laws divide land into areas with specific uses, like residential and commercial. Permitted uses are activities allowed in a zone without special permission. In some instances, a property owner must secure a permit to change the structures on their land or alter how the land is used.

Navigating Boston’s complex permitting and zoning processes requires in-depth knowledge of state, federal, and local regulations. The regulations and procedures governing these processes are complex and political, and our background provides expert navigation to guide clients to favorable results. We help:

Evaluate zoning restrictions early in a project,
Secure necessary permits for construction or use, and
Resolve disputes related to compliance with local ordinances.

BMK Legal has successfully represented clients in appealing building inspector and zoning board decisions across Massachusetts.

We have years of experience reviewing and assessing local permitting and zoning regulations to identify potential issues at the outset of a project and have represented hundreds of clients in appeals of building inspector and zoning board decisions throughout Massachusetts.

Real Estate Development & Construction

BMK represents clients in the development of projects from idea to outcome. We assist multi-parcel acquisitions and others with the following:

Associated acquisition;
Construction financing;
Negotiation and drafting of construction, architecture, and engineer contracts;
Submission of single and multi-phased condominium projects to the state; and
Efficient resolution of the issues that invariably crop up along the way.

We also represent developers of multi-phase condominium complexes and advise on construction financing. BMK Legal provides end-to-end support for real estate development projects.

Due Diligence

BMK works with our clients to put together a team of environmental and site engineers to evaluate the property or project and identify potential areas of liability or hazard. Our clients need to know what they’re buying, whether and how the purchase can be financed, and what types and amounts of insurance are advisable before they commit to purchasing. We guide them in making these determinations and advise them on their risk and any possible impact on the profitability of the project.

Financing

Securing financing for a real estate project is a critical step. BMK works with a variety of lenders who are knowledgeable and experienced in working with commercial clients, from start-ups and sole proprietorships to mature family-owned businesses with substantial revenue. BMK assists our clients in obtaining financing proposals and evaluating them in the context of their needs and business goals.

We introduce our clients to lenders who we feel would be a good fit and encourage them to develop banking relationships before the need for financing arises. We urge our clients to carefully review and consult with us before signing a commitment letter or term sheet so that they understand the costs and liability associated with a loan before they are locked in. We also review and negotiate loan documents, paying particular attention to the loan covenants and financial conditions imposed on the borrower.

As part of our proactive approach, we carefully review the borrower’s requirements with our clients to ensure they understand what is expected from them after receiving the money. This is the best way to avoid potential problems and ensure that both the bank and the borrower are on the same page from day one.

BMK Legal collaborates with trusted lenders to help clients obtain funding that aligns with their goals. Through thorough due diligence, we evaluate potential risks, such as environmental hazards or title defects, helping clients make informed decisions before moving forward.

Why Choose BMK Legal?

At BMK Legal, we are more than just real estate lawyers. We are trusted advisors who prioritize your success. We deliver results that exceed expectations by combining technical knowledge, personalized service, and a deep understanding of Boston’s real estate market.

When you need a reliable Boston real estate attorney to guide you through real estate matters, trust BMK Legal. Our compassionate yet professional approach ensures that your rights and interests are always protected.

Our firm has provided real estate law support to individuals, developers, and business owners since 2011. Before the firm’s creation, the major partners of the firm each had extensive legal careers where they practiced real estate and business law. Many have been recognized as Super Lawyers, Rising Stars, and Best Lawyers by notable authorities like Martindale-Hubbell and Boston Magazine.