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Real Estate

Our real estate practice group has been advising clients on the purchase, sale, financing, development, leasing and management of real property for more than fifty years.

Our real estate practice group has been advising clients on the purchase, sale, financing, development, leasing and management of real property for more than fifty years. The experience, practical perspectives and business acumen we bring to the table helps us efficiently execute complex transactions involving a diverse range of assets, including office, residential, retail, industrial and Brownfield properties and development sites.

Our attorneys are experienced in the negotiation of complex contracts and execution of due diligence review including title, survey and property condition. We provide our clients with advice and assistance on the tax aspects of their real estate transactions, including 1031 and 1033 exchanges and procurement of tax incentives and benefits through PILOT and Developer Agreements with local governmental bodies.

Our practice group is experienced in developing commercial and mixed use projects with reciprocal easements, covenants and declarations to address the rights and interests of multiple owners and users of complex mixed use residential, commercial and industrial property. Our practice group has developed and implemented complex condominium structures, including organization of commercial and residential condominium associations to facilitate and enhance property development. In conjunction with our Corporate Group and Taxation Group, our attorneys are able to provide our clients with the technical support, advice and guidance necessary to establish tax efficient and organizationally sound deal structures for their projects, including structures providing for sponsorship with outside investors and real estate joint ventures.

Our construction attorneys assist owners, developers, lenders, investors and contractors throughout the construction project lifecycle, from initial conception to project delivery. We also represent clients in public project bid contests, and in the resolution of a wide range of construction disputes, including payment disputes, lien claims, defective design and construction claims, delay claims, indemnity claims, personal injury claims, labor and employment issues, default and convenience terminations, claims against surety bonds and construction insurance policies, as well as creditor’s rights and bankruptcy issues in the construction arena.

Procurement of governmental approvals and permits is an integral component of real property development. Our land use attorneys regularly appear before Municipal boards and other governmental agencies to procure planning approvals, variance relief, subdivision approval and other permits and approvals essential to the contemplated use of property. We have secured approvals for industrial parks, shopping centers, mixed use and multi–family projects and some of the largest residential planned unit developments in New Jersey. Together, with support from our complementary Environmental Practice Group, we represent developers, contractors and investors in obtaining permits and approvals regarding wetlands and other environmental issues affecting property development.

With the advantage of having experience representing both borrowers and lending institutions, our practice group advises and assists our clients in the negotiation, structuring and documentation of sophisticated financing facilities for their projects including construction financing, mezzanine financing, structured finance transactions, private syndication and private equity funding.

Environmental conditions are a significant factor in most real estate transactions and our skilled and experienced environmental lawyers are an integral component of our approach to property development. Our environmental attorneys provide advice on the remediation and redevelopment of contaminated property, and compliance with statutes and government regulations affecting real property transactions, including ISRA compliance, underground storage tank compliance and remediation, and soil and ground water remediation. We also provide support in evaluating environmental insurance products to promote successful management of the risk and liability a property owner may face with respect to future remediation and environmental related claims.

We represent both landlords and tenants in complex leasing transactions for a broad array of asset types. Our leasing practice includes conventional office space, shopping center and industrial property leases as well as long term ground and net leases. As a result of our extensive experience, our attorneys fully appreciate and understand the intricacies of lease administration and management and successfully develop practical and cost-effective solutions to complex leasing issues.

We counsel our clients with regard to reducing real property tax assessments and producing tax abatements for qualifying taxpayers. Our group has utilized its expertise in valuation and negotiation with public entities to successfully defend and maximize awards in public-taking matters initiated by state and local authorities.

Our attorneys provide representation to residential and commercial condominium associations including matters pertaining to by-law enforcement, voting and meetings, contract procurement and assessment collection. We also represent landlords and professional management companies in the management of shopping center, office building and industrial park portfolios.

In conjunction with our Commercial and Corporate Litigation Practice Group, our attorneys provide advice, guidance and representation in litigation matters pertaining to all aspects of Real Property. On behalf of real estate developers, commercial landlords, commercial tenants, and investors, we have successfully litigated disputes pertaining to commercial leases, land-use determinations, real estate partnership disputes and condemnation proceedings.

We also represent commercial tenants in disputes over their leases. Our practical perspective and business acumen enable us to skillfully and successfully develop practical and cost effective solutions to complex litigation issues.

Our Commercial lending attorneys regularly represent banks, commercial lenders, and other financial institutions in a variety of complex financing transactions. Our expertise involves secured and unsecured financings at all levels for acquisitions, project and working capital purposes. Our practice is comprised of lawyers with broad experience affecting senior, mezzanine, asset- based and equity financing transactions for financial institutions and corporate borrowers. We handle complex and multi-jurisdictional transactions, and provide our clients with national reach, depth of local research sources, and local law advice. In addition to serving the needs of many of the largest banks in New Jersey, we also have significant experience in advising sponsors in private placement transactions. Our approach provides a seamless transaction from the prospective of the financing provider and the borrower. This approach, together with support from our Tax and Corporate departments, affords our clients excellent prospective in structuring and closing their transactions.

Our representation of clients includes Valley National Bank, Investors Bank, The Provident Bank of New Jersey, Lakeland Bank, HAB, Israel Discount Bank, Connect One Bank, Capital One Bank, TD Bank, Bank of America, Webster Bank, Kearny Savings Bank, Malvern Federal, First Bank, Peoples Bank, Bankwell, Santander and Sovereign Bank.

Mandelbaum Barrett Real Estate attorney Steven Sedereas is a presenter for a National Business Institute CLE

April 5, 2022

Mandelbaum Barrett Real Estate attorney Steven J. Sedereas is one of the presenters for a National Business Institute (NBI, Inc.) CLE video titled "Real Estate Transaction Documents: Spotting the Top Dangers."

Mandelbaum Barrett adds 3 partners; plans to open new office in Bergen County

February 14, 2022

Full-service law firm Mandelbaum Barrett PC as announced that three new partners will join the firm's Real Estate practice and plans the opening of a new office in Bergen County. Bart G. Mongelli, Anthony J. Arnone, and Roberto S. Migliorelli, all former partners at DeCotiis, FitzPatrick, Cole & Giblin, LLP, will join the firm's growing real estate practice and be based in its new Lyndhurst, NJ, office.

Mandelbaum Barrett Announces the Appointment of Craig W. Alexander, Esq. as Co-chair of the Firm's Real Estate Practice Group

January 26, 2022

Mandelbaum Barrett is pleased to announce that Craig W. Alexander, Esq. has been named Co-Chair of the Firm's bustling Real Estate Department. He will work closely with Co-Chair Barry R. Mandelbaum in this role.

Craig Alexander Published an Article in Working RE Magazine on Inspectors and the NJ Consumer Fraud Act

December 6, 2019

Craig Alexander published an article for Working RE Magazine on "Inspectors and the New Jersey Consumer Fraud Act." Click here to read the full article.

Josh Gorsky Named to 40 Under 40 by Mid Atlantic Real Estate

September 16, 2019

Congratulations to Joshua Gorsky who was named to 40 Under 40 by Mid Atlantic Real Estate. Learn more about Joshua here: https://online.flippingbook.com/view/139235/86/

Joshua Gorsky Moderating the ICSC New Jersey Next Generation Program on October 3rd

September 12, 2019

Joshua Gorsky, Associate in the Real Estate Practice Group, will be moderating the ICSC New Jersey Next Generation Program on Thursday, October 3rd. The program will review several ways in which you can stay ahead of missteps in your retail real estate transactions as well as avoid the pitfalls that cause deals to fall through and how to premeditate common issues. For more information or to register for this event, click here.

Barry Mandelbaum Discusses Firm's Real Estate Group in Real Estate NJ's Spotlight Issue

April 11, 2019

Barry R. Mandelbaum, Chair of Mandelbaum Barrett's Real Estate Practice Group and co-founder of the Firm, highlights how the Firm's 89-year history provides a unique experience for their clients in Real Estate NJ's Spotlight Issue. Click here to read more.

Real Estate NJ Spotlight on Barry Mandelbaum and the History of The Firm

October 25, 2018

Check out Real Estate NJ’s article on our Firm’s Real Estate Practice, led by Barry Mandelbaum, which has spanned generations and touched countless lives. We are proud of our strong ties within the real estate community and value the relationships we’ve formed over the last 88 years. Click here to read the full article.

Mandelbaum Barrett's Charlie Lorber Discusses New Plans to Be Filed for the Lorraine Project in Montclair, NJ

July 7, 2017

Charlie Lorber, a Senior Counsel in the Firm's Real Estate Department was recently interviewed by Northjersey.com on a mixed-use project on Lorraine Avenue in Montclair, NJ.

Lawrence Weiner Issues Broker Alert for SIOR: Does your Listing Agreement Strengthen your Claim to a Lien on Sale Proceeds?

July 8, 2022

I know you have faced this situation. The closing is scheduled, and you are expecting to be paid your full commission at closing. Then shortly before the closing, the seller contacts you advising that s/he does not think you are entitled to a commission or is demanding that you agree to discount your commission. Since […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

If You're Building or Renovating Commercial Property in New York or New Jersey, You Need to Know About the Lien Laws and How Lien Funds Are Created

February 4, 2021

February 4, 2021 By Jacqueline Greenberg Vogt I often advise clients on multi-million dollar construction contracts, where lawyers on both sides are brought in early to make sure the agreement is properly structured. But owners who undertake smaller construction projects, such as the build out or renovation of an office space, often mistakenly think that […]

What Rights Do New York and New Jersey Landlords Have to Dispute Liens Filed by Contractors who Perform Work for Tenants?

January 25, 2021

January 25, 2021 By Jacqueline Greenberg Vogt New York and New Jersey are among the states that have clarified the often vague and ambiguous rules about lien rights for contractors who perform work for tenants. In New York, the tenant’s contractor can lien the leasehold for unpaid construction work performed at a leased premises, but […]

Federal Court Upholds New York City Landlord Bar from Enforcing Personal Guaranty

December 4, 2020

On November 25, 2020, U.S. District Court Judge Ronnie Abrams ruled that the COVID-19 tenant relief package does not violate landlord rights. In May 2020, New York City enacted three laws to protect commercial and residential tenants during the pandemic. As reported here, Local Law No. 55-2020, entitled “Personal Liability Provisions in Commercial Leases”, bars […]

New York City to Extend Ban on the Enforcement of Personal Guaranties of Commercial Leases

September 25, 2020

September 25, 2020 Lauren X. Topelsohn Earlier this year, New York City passed a broad COVID-19 relief package, which included several amendments to the New York City Administrative Code that relate to commercial landlords and tenants, including Local Law 1932-A. On September 23, 2020, the New York City Council announced it would extend the present […]

New York City Limits Personal Liability for Commercial Leases

May 28, 2020

By Lauren X. Topelsohn May 28, 2020 On May 26, 2020, Mayor Bill DeBlasio signed Bill. No. 1932-A into law, which went into effect immediately. The law temporarily prohibits the enforcement of personal liability provisions in commercial leases or rental agreements involving a COVID-19 “impacted tenant.” The law applies to tenants impacted during the “COVID-19” […]

Building Opportunities for Multi-Family Housing

January 1, 2014

Fairfield, NJ-based Woodmont Properties is a regional real estate company that develops, builds, markets and invests in a diversified range of real estate, with a 50+-year history in commercial real estate. For nearly 40 of those years, Woodmont’s management team has worked with Barry Mandelbaum and

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