Real Property

Business Organizations & Transactions

Franchise & Distribution

The Brettin Law Office has a diversified real estate, business and franchise law practice. We help clients protect their interests; understand risk, liability and exposure; and identify opportunities to expand their businesses.

Examples of real property matters we have undertaken representing individuals, businesses, and real estate developers in transactions and litigation include --

• Commercial & residential land purchase & development agreements, lease options, parcel assemblage and lot-line eliminations;

• Receiverships, foreclosures, loan modifications, short sales, and foreclosure workouts;

• Drafting, interpreting and negotiating commercial real estate ground leases, build-to-suit leases, and leases for offices, regional malls, community shopping centers, mixed-use developments, municipally-owned property, and neighborhood store-fronts;

• Commercial and residential unlawful detainer actions;

• Review and drafting of real property development management agreements; restrictive covenants and easements; joint-use agreements; real property declaration of covenants, conditions and restrictions for townhome and condominium developments; commercial construction lender deeds of trust, assignment of rents, security agreements, financing statements and fixture filings for commercial developers; contractor’s agreements; construction requests for proposals and draw-downs; adverse possession & boundary line disputes; quiet title actions; construction liens (foreclosure & defense); negotiating, preparing, drafting and recording of consensual easements; easement extinguishments; commercial lease sublets and assignments; mutual release and cancellation of lease agreements; tenant estoppel certificates; cooperating brokerage agreements; common area maintenance agreements; property management contracts; and

• Negotiating, preparing, consulting & document review of real estate purchase and sale agreements (“REPSA”) and Earnest Money Agreements for single-family, condominium and townhome residences, for transactions involving real estate brokers & agents, or for-sale-by-owner (“FSBO”), inclusive of NWMLS flat fee document review, revisions and preparation of offer / counteroffer, title matters, closing documents & statements, for buyers and sellers, through contract or closing.

Examples of business representation include start-up entrepreneurs & growth-oriented businesses, real estate brokerages, real estate brokers & agents, and property management companies involving matters such as --

• Business start-up strategy and entity formation, including limited liability companies, small business corporate registration, articles of incorporation and bylaws and general & limited partnership agreements;

• Business operations, planning and governance;

• Review, drafting, negotiating, interpreting and enforcing a wide-variety of commercial contract agreements for system licensing; artist “work-for-hire, distribution & trademark licensing; joint-branding; product development & product placement; collateral security; release &scope of work; non-disclosure; non-compete; joint system licensing; litigation settlement; and manufacturer’s representative;

• Basic trademark due diligence, registration and consultation on trademark protection and inadvertent franchising; and

• Purchase & sale of closely held businesses, and assignments of limited liability company & partnership interests.

Examples of legal matters involving representation of franchisors and prospective and existing franchisees include --

• Review and evaluation of franchise disclosure documents and franchise agreements;

• Consultation and negotiation of franchise agreements for franchisees, evaluating and consulting on risk-factors, risk-mitigation, system market penetration, timing of financial and other “trigger” events dictated under a system’s franchise agreement;

• Negotiation and finalization of franchise agreements for franchisors and franchisees; establishing the franchisee limited liability companies; assisting in site selection due diligence, franchisor and franchisee commercial lease negotiations;

• Consulting and representing landlords on franchise lease terms and conditions, assignment and sale of franchised store units;

• Consultation on risk / reward of “go-it-alone,” purchase of “on-going business,” and establishment or purchase of franchises; and

• Franchisor and franchisee relationships, dispute resolution and litigation.

Real Property

Lee Brettin represents individuals, families, and business owners with diverse real estate matters including listing agreements, real estate purchase and sale agreements, FSBO sales, due diligence, title problems, real estate closings, boundary line adjustments, lot line elimination and lot consolidations, easements, covenants, conditions and restrictions, feasibility studies, commercial and investment property acquisitions and sales, purchase of private and institutional grade tenant-in-common and limited liability company interests, ground lease and build-to-suit transactions, commercial leases and lease assignments, option agreements, lease-to-own agreements, lease termination agreements, commercial lease defaults, commercial unlawful detainer actions, financing, subordination and non-disturbance agreements, foreclosures, foreclosure workouts, foreclosure rescue scams, joint use agreements, property management, and real estate broker and agent based claims and defenses.

Business Organizations and Transactions

Lee works with individuals and businesses in the formation of new entities including corporations, general and limited partnerships, limited liability companies with single or multiple classes of ownership and family limited liability companies.   Lee believes that your particular, unique goals and objectives must be understood, tax ramifications analyzed and security issues understood prior to making any recommendation to you as to form of entity, financing alternatives or the consideration of documents necessary to formalize your business relationships. Lee is also available to counsel your existing business in a wide range of matters.

Franchise and Distribution

Lee consults with individuals and businesses needing review of franchise offering circulars and state registrations. He will work with you on the negotiation and documentation of franchise and territorial development agreements, product licensing, product placement, non-competition, joint-use and related transactions. Lee also represents franchisees with franchise buy-back agreements and third-party re-sale transactions. In addition to working with franchisors and franchisees, Lee has successfully represented clients negotiate manufacturing, distribution and licensing agreements in the food service and consumer products industries and is available for related consultation for your existing or planned business or venture

You're welcome to read a few client testimonials...

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