Real Estate Law

Real Estate Law

Weaver & Fitzpatrick, P.A.’s real property practice encompasses both residential real estate and commercial real estate.

Weaver & Fitzpatrick, P.A. provides advice and counsel in all areas of real estate and real property law.  The real estate attorneys at Weaver & Fitzpatrick, P.A. have 50 years of combined experience in real property transactional law and real property litigation.  Whether you simply want to transfer title to your home to your spouse or your children, or you have a complex easement or right of way dispute which requires litigation, we can provide the insight, advice, and skilled representation to preserve your rights, conclude your purchase or sale, and protect you from liability.

 Residential Real Estate

The purchase and sale of real property, as well as adding or removing persons to or from the title to your real property, are not transactions that should be handled lightly or without the benefit of a knowledgeable real estate attorney.  The transfer of ownership of real property is not a one-size fits all proposition and can be accomplished by a variety of means including, for example, a fee simple deed, a life estate, or a trust, and in all cases should be documented with a proper real estate contract of sale.  Preparing, executing, and recording a deed to your real property is complex and can have important implications for both the grantor and grantee, including recordation and transfer taxes, capital gains taxes, and gift taxes.  Transferring title to real estate can also involve and affect your estate plan and your business if you are starting a business, or your business is acquiring or transferring real estate.  The manner in which you convey and hold title to real property will also impact your exposure to potential liability and may have serious financial implications for your or your business.  The complex interrelationship between your real property deed, your estate plan, and your business requires professional legal advice by skilled real estate attorneys who are also estate planning attorneys and business attorneys.  Weaver & Fitzpatrick, P.A. will provide advice to transfer title to your property in a manner that best suits your unique situation and avoids unintended tax, liability, and estate consequences.

Commercial Real Estate

In our commercial real property practice, just as with our residential real property practice, we offer comprehensive legal representation for each individual real estate transaction based on the unique characteristics of the real estate itself, and our client’s specific goals and needs, to structure the transaction in a manner most beneficial to our client from your initial letter of intent to final settlement.  We will provide advice and legal support at all stages of your transaction from the initial evaluation through the feasibility study, title examination, preparation, and negotiation of your real estate contract, and closing.

In our commercial real property practice, just as with our residential real property practice, we offer comprehensive legal representation for each individual real estate transaction based on the unique characteristics of the real estate itself, and our client’s specific goals and needs, to structure the transaction in a manner most beneficial to our client.  We will provide advice and legal support at all stages of your transaction from the initial evaluation through the feasibility study, title examination, preparation, and negotiation of your real estate contract, and closing.

 Commercial Leasing

Weaver & Fitzpatrick, P.A. advises and represents landlords and tenants in commercial lease transactions for diverse business interests including shopping centers, restaurants, construction trade services, retail, and professional service providers.  We provide commercial leases for office, retail, restaurant, commercial and industrial premises.  We also represent our business clients in the negotiation of work-outs, terminations, modifications, and assignments of commercial leases.

 1031 Exchanges

We are experienced in 1031 exchange transactions and have the experience and knowledge required to work with your third-party intermediary to facilitate the exchange and the closing in accordance with applicable law.

Sample Real Estate Documents

The following are some examples of the real estate documents which the real estate attorneys at Weaver & Fitzpatrick, P.A. can prepare for you:

  • Fee simple deeds.
  • No consideration deeds.
  • Life estate deeds.
  • Confirmatory deeds.
  • Corrective deeds.
  • Easements, including ingress and egress easements, driveway easements, burial easements, and utility easements.
  • Deeds of trust.
  • Promissory notes.
  • Commercial real property contracts.
  • Residential real property contracts.
  • Commercial leases.
  • Residential leases.

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131 West Patrick Street
Frederick, MD 21701