Howard S Goldman

Howard Goldman

We have provided legal expertise in complex real estate matters for over 30 years. Unfortunately, the zoning issue discussed by the this client involved a complex purchase of real estate which was located in a flood plain district and near an aquifer protection district. The purchaser sought to tear down a deteriorating existing building and rebuild which required scrutiny of the local zoning ordinance for frontage and setbacks. To further complicate matters, the current building was located near the town boundary line with another town, the building’s septic system did not conform to the requirements of the state septic requirements (“Title V”), and the seller sought to remain on the property after the closing under a use and occupancy arrangement. Our firm also acted as escrow agent since no real estate broker had been engaged. We conducted due diligence, performed a site visit, prepared an Offer to Purchase Real Estate, participated in extensive negotiations, and drafted a comprehensive Purchase and Sale Agreement with appropriate provisions to safeguard the purchaser. Some of the provisions we drafted included that seller provide maintenance and repair to the property prior to closing and during use and occupancy, that seller be liable for all costs and expenses relating to the septic system due to its failure to conform to Title V, and that seller provide numerous warranties and representations. Due to the level of complication and our due diligence, the billing amount for this work was fair and reasonable and the work was performed promptly. Delay in the real estate transaction, however, was caused by seller’s counsel who had a taken a vacation for several weeks in the middle of the negotiations. Real estate law is an active area of Goldman & Pease for its business clients, for clients whose principal business is real estate development or investment for individuals or entities purchasing, selling, or leasing real estate, and for title insurance companies assisting to cure and resolve title defects. Decisions involving real estate are influenced by regulatory compliance with various laws and ordinances, and can be the most costly and far reaching decisions that clients make. We provide counseling about real estate needs, evaluations of alternative properties, due diligence examinations, zoning, and financing, as well as negotiation and documentation of agreements and conveyancing of properties. We also represent numerous financial institutions, and private funding sources and these connections have proven valuable to our clients and their finance needs.