Real Estate

Most everything I’ve done in my career has been related to real estate in one way or another. I’ve advised real estate brokers and firms in routine transactions and licensing compliance matters; defended brokers and firms against professional negligence claims; represented buyers and sellers in purchase and sale transactions and disputes; litigated adverse possession and partition actions; drafted easements and covenants; worked in-house for a real estate franchisor; handled mergers and acquisitions of real estate businesses; helped with the formation and licensing of start-up brokerage firms; set up and helped manage a consumer loan company; formed holding companies for title insurance and mortgage ventures; structured affiliated business arrangements under RESPA; and much more.

Lawyers are trained to think in adversarial win/lose terms. I learned early in my career that a litigator’s mindset is unhelpful in a transactional setting. When representing a buyer, seller, landlord or tenant, the path to success inevitably requires compromise. That means being flexible where you can, holding firm where you must, and — critically — knowing when to say “good enough.” Negotiating those dynamics is not a skill they teach in law school; it is learned through experience.

Business

I’ve represented everything from sole proprietors to closely held corporations with annual revenue in the tens of millions of dollars. As in-house General Counsel for a real estate franchisor I truly enjoyed my role as the “family doctor” of the business. Every issue large and small crossed my desk including: employment law issues; vendor contracts; leases; trademark enforcement; forming new entities; mergers and acquisitions; licensing and regulatory compliance; copyright; and much more. I did whatever I could myself, and worked with outside specialists as needed on complex matters.

Working inside a business as part of the executive team I learned that what sounds good on paper doesn’t always work in practice. I worked collaboratively with the company’s owners, managers and employees to find real world solutions that kept the business running while coloring inside the lines. I was challenged constantly to find quick, cost-effective solutions with an eye on the bottom line.

Owning a business means confronting legal questions constantly — some big, and many small. Calling a lawyer early can help keep small problems from getting bigger. Finding practical, cost-effective answers to every day issues is one of my favorite challenges.

Franchise Law

I worked eleven years as in-house General Counsel for a real estate brokerage franchisor. I was responsible for drafting franchise disclosure documents, franchise agreements, and for overseeing franchise compliance across the entire system of 300+ offices in ten states.

If you are considering the purchase of a franchised business you have probably been handed an intimidating stack of legal documents to review. I can guide you through understanding what they say, and help you focus on the points that matter most. Some things are likely carved in stone — but many franchisors are willing to negotiate a lot of their business terms.

If you own a franchise now and you’re thinking of selling it, you will likely need the franchisor’s consent first. The franchisor may even have a right of first refusal, or an option to buy your business. That can make selling a franchise a lot more complicated than an ordinary business sale. It’s important to review your franchise agreement with counsel early in the process to find out whether or how it will impact your transaction.

Finally, if you’re having a disagreement with a franchisor, I can help you understand your rights, and suggest negotiation strategy.