Real Estate Law

Petefish, Immel, Hird, Johnson, Leibold & Sloan, LLP provides a wide variety of high-quality and cost-efficient services in the area of real estate transactions and litigation. Petefish represents national, regional and local clients, from buyers, sellers, owners, developers, lenders, borrowers, and investors, in all areas of real estate, including the following areas:

  • Commercial Contracts and Leasing
  • Residential Contracts and Leasing
  • Real Estate Litigation
  • Mortgage Foreclosures
  • Real Estate Development
  • Property Owners’ Associations
  • Real Estate Development
  • Property Tax Appeals
  • Real Estate Financing
  • Easements and Licenses
  • Quieting Title

Commercial Contracts and Leasing.

Whether clients are buying, selling or leasing commercial real estate, Petefish has the experience to provide assistance needed by the clients. Petefish represents national and regional companies in the leasing of commercial property representing both landlords and tenants. Such representation can be the drafting and negotiating of simple and complex leases to negotiating and resolving disputes between landlords and tenants. And Petefish has extensive experience in purchase and sale contracts for all types of businesses, from small family-owned businesses to larger ones. Petefish’s experience allows its attorneys to draft solutions to complex issues while keeping focus on the needs of the clients.

Residential Contracts and Leasing.

HouseAlmost everyone has entered into contracts or leases of residential real estate and for most people buying a home is the single largest investment that they will make in their lives. Petefish can help clients in the residential real estate field to make sure that the purchase or sale or leasing of the residential real estate goes off smoothly. Because Petefish is small, Petefish is able to provide this representation at a reasonable rate. Petefish also represents owners who desire to save money and put their homes for sale without the assistance of a real estate agent. Petefish has the experience to prepare the contract, advise the owner on issues that may arise in a “for sale by owner” transaction and to walk the owner through the closing process.

Real Estate Litigation.

When real estate transactions go bad, you need an attorney who has experience in both real estate and civil litigation. Petefish’s attorneys have both. The attorneys have a significant practice in real estate litigation, which ranges from simple cases such as residential landlord-tenant, to complex cases such as multiple-party and multiple-issue real estate issues. Petefish’s attorneys have the skill and experience to handle both types of cases and have successfully litigated all types of real estate cases. The Real Estate litigation practice can involve numerous Real Estate areas, including mortgage foreclosures, disputes between property owners’ associations, breach of Real Estate contracts and leases, quiet title proceedings, and establishment of easements and ownerships through prescriptive use or adverse possession. And the Real Estate litigation practice includes eminent domain cases, in which Petefish attorneys’ have represented property owners against governmental authorities that seek to take land from property owners for a public use.

Mortgage Foreclosures.

As part of their Real Estate litigation practice, Petefish has significant experience in the mortgage foreclosure area. Petefish’s attorneys have represented both lenders and borrowers in both residential and commercial foreclosures. When representing lenders, Petefish strives to provide quality representation of lenders at a reasonable rate from the drafting of letters of default through the sheriff’s sale and the conveyance of the property to the lender. Petefish also helps lenders in the collection of deficiency judgments after a sale has been confirmed. If a borrower files bankruptcy, Petefish attorneys have the experience to navigate their way through the bankruptcy process to keep the foreclosures on track. And Petefish does not limit its representation to just lenders. Petefish is small enough to take on the representation of borrowers who find themselves subject to a pending foreclosure. Petefish attorneys help borrowers to attempt a resolution of the foreclosure process and when that is not possible, Petefish has the experience to make sure the lenders follow the law. And when a lender attempts a short-cut in the foreclosure process, Petefish attorneys are there to help borrowers catch the short cut.

Property Owners’ Associations.

Suburban HomesProperty owners’ associations are increasingly common in both urban and rural developments. And many property owners are subject to the provisions of restrictive covenants and they may be members of the owners’ associations. Petefish attorneys have a wealth of experience not only in drafting restrictive covenants and forming owners’ associations, but also in representing existing owners’ associations in their operation and enforcement of the restrictive covenants. And Petefish has represented owners who feel that their owners’ associations are not operating in accordance with the law or the restrictive covenants. Petefish attorneys bring their knowledge of real estate law and their significant litigation experience to provide excellent legal service for both owners’ associations and owners. Petefish attorneys have significant experience in helping clients in the construction of new condominium buildings and conversion of older buildings into condominiums, whether the condominiums are commercial or residential or involve multiple-story buildings or a two-unit, single-building condominium. Petefish attorneys also represent owners in the formation of townhome dwellings and lot splits to allow for conveyances of individual townhome dwellings.

Real Estate Development.

Petefish attorneys have a wealth of experience in the zoning and subdivision of real estate. Petefish attorneys have served on planning commissions and have written the chapter on zoning and subdivision in the Kansas Bar Association Real Estate Handbook. This experience and knowledge together with the relationships Petefish attorneys have fostered are invaluable to development clients in navigating through the zoning and subdivision maze.

Property Tax Appeals.

All property owners must pay real estate tax to the counties in which the real estate is located. This tax is based on the value of the property and the classification of the use of the property as determined by the county appraiser’s office. When an owner believes the county has valued the property too high or has classified the property incorrectly, Petefish has helped owners file and successfully prosecute appeals and payments under protest hearings with the county. If an appeal to the county is unsuccessful, Petefish attorneys have filed appeals to the Court of Tax Appeals and have prosecuted those appeals before that Court. And Petefish attorneys don’t just file the appeals and blindly prosecute the appeals without regard to the cost to the owners—the attorneys take the time to advise the owners when an appeal does not make economic sense.

Real Estate Financing.

Petefish attorneys have represented both lenders and borrowers in transactions involving multi-million dollar end-loans for real estate developments and apartment projects. Lenders in such transactions require borrowers to obtain a borrower’s counsel opinion letter and if a client finds that it needs such a letter, Petefish attorneys have the experience to provide that service. Or if a client just needs an attorney to review and negotiate loan documents, Petefish attorneys have the experience to do that as well.

Easements and Licenses.

When buying or selling a property, a client may be faced with the issue that a building or driveway partially encroaches on the neighbor’s land. This encroachment will often need to be resolved before the parties can close on the purchase or sale of their property. Petefish has extensive experience in drafting and negotiating easement and license agreements that solves the encroachment issues and helps to protect the owners from future claims. If the neighbors are unable to resolve the encroachment through agreement, Petefish has the knowledge and experience to file actions in court to establish prescriptive easements or ownership based on adverse possession or to defend those actions filed against their clients.

Quieting Title.

There are times when clients find that the property they own has a title defect that they have to resolve. Petefish attorneys attempt to resolve the defect informally. But if an informal resolution cannot be found, Petefish attorneys are prepared and has the experience to resolve the defect through a quiet title proceeding.