Real Estate

Our Unique Place in Real Estate Law

     The real estate practice at WootenHart PLC is unique in that its lawyers are transactional lawyers, but also are experienced litigators. As litigators, we see the consequences to our clients' lives and businesses when a real estate transaction has gone sour. Through our experience and creative litigation strategies, tailor-made to address our clients' goals and objectives in a lawsuit, we strive to manage the lawsuit so that you can attend to your business and depend on us to involve you when needed to make decisions and participate in seeking justice.

Our Lawyers Protect Your Interests and Lives

     Being pulled into a real estate dispute requiring a lawsuit can be disruptive to your personal life as well as the smooth operation of your business. Our goal is to encourage you to rely on us to protect your interests in the lawsuit, while letting you proceed with your personal and professional life with the minimum possible disruption.

Success Requires Depth of Experience

      That our real estate lawyers are experienced litigators makes them uniquely suited to understand what it takes to close a real estate transaction with a depth of understanding geared toward serving and protecting the client. A successful closing is not just one in which you are kept involved and informed, or that closes on schedule. A successful closing is one in which experienced real estate lawyers have prepared or reviewed every document and aspect of the closing to avoid pitfalls later. Our goal is that you find the closing process rewarding, but also that any legal problems be resolved in the process so that you may enjoy your home or other property for years to come.

Avoiding Hidden Problems

      For example, when a title problem is overlooked because the settlement agent lacks the experience to identify the problem, years later you can find yourself in a dispute regarding whether you even own the home that is the backdrop of so many family memories. Because our real estate lawyers have successfully litigated virtually every type of problem from a failed transaction, they have the experience to identify the potential for problems in your closing and help you avoid disastrous surprises later.

Real Estate Litigation, Arbitration and Mediation

      WootenHart has built an extensive real estate practice concentrated in both complex litigation and diverse transactions. The real estate litigation practice focuses on representing our diverse clients successfully in litigation, arbitration and mediation arising from real estate issues. The real estate defense team regularly defends agents and brokers sued for professional malpractice. These cases involve varied issues, like contract drafting problems, subject-to-sale clauses, construction problems, lead-based paint injuries, boundary disputes, access issues, wood-destroying insect damage, septic system failures, and virtually any phrase mentioned in a purchase contract or listing agreement. We also defend other lawyers and lay settlement agents who face professional malpractice claims when legal problems have allegedly occurred.

Commercial, Business, Construction and Financial Transactions

      The firm's commercial real estate practice has included representing lending institutions, developers and parties to sale and lease transactions. The firm represents developers and owners of shopping centers, industrial properties, office buildings, condominiums and residential projects. Legal work for our clients has included selection and formation of the real estate entity, zoning and land use planning, site acquisition, environmental issues and financing. Our real estate lawyers have handled negotiation and drafting of documents involved in real estate transfers, development and operations, including such documents as corporate articles and bylaws, limited liability company articles and agreements, partnership agreements, joint venture agreements, construction contracts, leases, purchase agreements, brokerage agreements and financing documents. Our lawyers also have prepared leases for offices, shopping centers, warehouses and residences and have prepared build-lease, sale-leaseback, and lease-option agreements.

Residential Closings Handled by Lawyers

      Additionally, the law firm has developed and coordinated a residential real estate practice. Because we are lawyers, not a lay settlement company, our clients benefit from knowing that legal expertise is used to protect their interests in perhaps the largest investment of their lives. Related client services include closing single-family home and multi-unit sales transactions involving conventional, Federal Housing Administration, Veterans Administration, Virginia Housing Development Authority and Farmers Home Administration loans. WootenHart offers to its clients efficient residential closing services based on legal expertise, and technology-based document preparation, calculations and administration. Our closing team includes real estate paralegals brought to the law firm because of impeccable credentials for client service, and well trained and integrated with our coordinated “client first” closing process.

Our Experience Beyond Litigation and Closings

      Partners in our Real Estate Section have served as general counsel and special counsel for numerous corporations, financial institutions, insurance companies and other business entities in an array of industries. Real estate clients of the firm include local, regional and national companies in banking, manufacturing, technology services, commercial printing, health care, real estate and property management, to name a few.

      Partners in our Real Estate Section include past members of the Board of Governors of the Real Property Section of the Virginia State Bar and members active in the Real Property Section of the American Bar Association. Our real estate lawyers have published articles and scholarly materials dealing with real estate law and practice. They have presented seminars and spoken to real estate professional groups.