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Harras Bloom & Archer LLP
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Common Pitfalls of Commercial Real Estate Transactions
Entering into a commercial real estate transaction can be risky business.  Considerations necessary prior to getting involved with a commercial real estate transaction are different in many respects from those in a residential real estate transaction and often times more complex.  There are many pitfalls to avoid when considering buying or selling commercial real estate due to the high stakes often involved.
Property valuation can become a problem in a commercial real estate transaction.  Determining the value of commercial real estate is difficult because the property might be completely unique without any comparable sales.  Often, there is also an income component to consider.  If the property has an income stream that has to be factored into the deal.
- See more at: http://hba-law.com/lawyer/2014/06/17/Business-Litigation/Common-Pitfalls-of-Commercial-Real-Estate-Transactions_bl13920.htm#sthash.0nQshYn1.dpuf
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5 Tips of Incorporation
If you're establishing a new firm on Long Island, wish to incorporate an existing firm or seek to do business in New York as an existing corporation headquartered outside the state, there is a certain process you must follow in order to ensure the legal validity of the entity. The attorneys of Harras Bloom & Archer LLP guide their clients on a path for success in business matters through their extensive legal knowledge and experience, and their determination in the courtroom.
Here are the basic steps for forming a corporation in Nassau or Suffolk County.
1. Name Your Corporation
Although those seeking to establish a corporation in New York have a fair amount of freedom in choosing their business name, there are some requirements entrepreneurs must adhere to when naming their corporation. One such requirement being that you have to include "Incorporation," "Incorporated," "Limited," or an abbreviation in the business name.
In addition, the corporation's name must be unique, or at least noticeably different from all other business entities registered with the New York Secretary of State. Make sure the name you decide on is available by checking the New York Department of State Division of Corporations business name database [http://www.dos.ny.gov/corps/bus_entity_search.html]. For a filing fee of $20, you can reserve a name for 60 days with the New York Department of State Division of Corporations- file the Application for Reservation of Name [http://www.dos.ny.gov/corps/dom_busfile.html] by mail.
2. File a Certificate of Incorporation
In order for your business to become incorporated, you must file with the New York Secretary of State.  Along with the corporate name, the certificate must include its street address; number of shares the corporation is authorized to issue, and the name and address of the incorporator.
3. Appoint a Registered Agent
Corporations must appoint a registered agent to accept and forward legal papers on the corporation's behalf if it is sued, among other things. In New York, corporations must appoint the New York Department of State for service of process.
4. Create a Corporate Records Book
Be sure to store all information pertinent to the process of incorporating your business. Important items include minutes of director and shareholder meetings, stock certificates and stock certificate stubs. Use your own method of organizing these documents or order a special corporate records kit through a corporate kit supplier.
5. Prepare Corporate Bylaws
Although corporate bylaws- basically the ground rules for your corporation's operations- are not a legal requirement in New York, it is recommended that you prepare them for the purpose of establishing rules of operation and to help establish the legitimacy of your corporation to banks, creditors, the IRS, and others. A business law attorney can assist you in developing these bylaws.
For legal guidance on any business litigation matter on Long Island, contact the Law Office of Harras Bloom & Archer LLP at 631-498-5505. - See more at: http://hba-law.com/lawyer/blog/Harras-Bloom--Archer-LLP-Blog.htm#sthash.9LbibWMJ.dpuf
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Real Estate Tips for Small Businesses on Long Island
Many small businesses enter into a lease for commercial space on Long Island at some point. It’s important for business owners in Nassau and Suffolk counties to pay attention to some very important business issues when they enter into a real estate lease, whether you are considering leasing space for office, manufacturing or retail use. 
Set forth below we have some tips that may assist you in the commercial leasing process, and hopefully help you avoid unexpected financial and legal issues. 
1. Don’t assume the landlord’s routine “form lease” is non-negotiable.
Prospective tenants are often presented with a pre-printed lease including their name and various terms and conditions. A commercial property owner or manager will say that the document in front of the possible lessee is the landlord’s typical form lease, but don’t think that means there is no “wiggle room,” so to speak, to amend that lease to better fit your needs or more explicitly state the terms of the agreement. Be sure to read through the provisions of the lease, and then address the specific needs you have that the “form lease” doesn’t satisfy with the appropriate person. 
2. Put all notice requirements on your calendar.
Going over your lease with the proverbial fine tooth comb bearing in mind that some conditions are negotiable will help you pay attention to aspects of the agreement you wouldn’t have normally noticed or questioned. For example, your lease agreement may contain several provisions that require you to send notices to the landlord under certain circumstances, such as the amount of notice you have to give the landlord if you wish to renew or terminate your lease at the end of the term. You may have to give a year’s notice or more in some cases, so make a note of these dates in your calendar to ensure you comply with all notice requirements and do not forfeit any rights under your lease agreement.
The  experienced real estate litigation attorneys at Harras Bloom & Archer LLP provide counsel and assistance to small businesses throughout Long Island in the commercial lease process. For more information regarding the firm's legal services, contact our Long Island office at 631-498-5505. - See more at: http://hba-law.com/lawyer/blog/Harras-Bloom--Archer-LLP-Blog.htm#sthash.ioRbDAQr.dpuf
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Commercial Lease Activity in New York City Soars
A Commercial Real Estate Attorney Can Ensure Your Interests Are Protected
Even a 40-year history at the same address can lose its appeal when increasing commercial real estate prices lead to a higher-than-expected purchase offer, United Cerebral Palsy of New York City (UCPNYC ) recently learned. The New York Times reported on December 3 that Toll Brothers offered the UCPNYC $135 million for its four-story headquarter property located in the Gramercy Park neighborhood of Manhattan.
What’s notable about this transaction is that the purchase price is more than twice as much as an offer the UCPNYC received just six years ago. “The sum was beyond our wildest imagination,” said the chief executive of the UCPNYC, which has owned the building since 1973. “It couldn’t come at a better time.” Flat government support has tempted numerous New York non-profits to sell high-value properties, lease new headquarters and use sale proceeds to bolster foundation coffers: St. John’s University recently sold its property at 101 Murray Street, and the City University of New York recently sold its property at 20 East End Avenue. Both will lease newly renovated space instead.
While non-profits face eroding government income, a strong residential condominium market has lifted the value of commercial property. The result is high-value, profitable transactions for both commercial property owners, such as established non-profits, and residential real estate developers.
If your non-profit or other organization is considering leasing commercial property in New York City, Long Island or the surrounding area, it’s important that your full rights and interests are represented and protected in your lease contract. Issues to consider include:
What will the monthly lease cost be and how will its exact amount be determined?
Who will pay for utilities?
Who will pay for renovations and improvements?
Who will pay for maintenance?
How will disputes be resolved?
What are potential points of conflict and how can they be addressed and resolved before a dispute arises?
How will conflicts be resolved: through mediation, arbitration or litigation?
The attorneys of New York City and Long Island law firm Harras Bloom & Archer LLP have represented countless clients in commercial lease negotiations and commercial lease disputes. Our services include:
Fully assessing property conditions, code, zoning and municipal approval issues, market lease rates, and other issues, then aggressively representing client interests throughout lease negotiations.
Zealously assisting clients in avoiding lengthy litigation proceedings; aggressively representing clients in mediation, arbitration and litigation proceedings when lease disputes arise.
Lease disputes and challenges may involve property conditions, unpaid lease payments and other issues between the tenant and landlord, or may involve challenges involving the city or another government entity. As a full-service real estate law firm, we can handle all issues faced by your organization relating to land use, commercial leases and property, as well as land lease and purchase transactions.
For more information regarding our real estate and lease legal services, contact Harras Bloom & Archer LLP at our Melville, Long Island office at 631-393-6220 or our New York City office at 212-922-9545. - See more at: http://hba-law.com/lawyer/2014/03/28/In-the-News/Commercial-Lease-Activity-in-New-York-City-Soars_bl12392.htm#sthash.ND2J8oKr.dpuf
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Real Estate Brokerage Dispute Solutions
Real estate brokers’ roles in property purchase and sale transactions are most often clearly defined. Yet disputes can arise that call into question the competency and fair dealing of both real estate brokers and the parties with whom they work. Contract disputes can also arise regarding the interpretation of key clauses. For example:
A broker may have difficulty collecting on a brokerage agreement
A client can allege that a broker made an error and sue the broker
Brokers and clients can disagree regarding whether a commission should be paid
Disputes can arise between a brokerage firm and an agent
Issues can arise regarding an agent's license, breach of fiduciary duty, earnest money and deposits and broker negligence
The Nassau and Suffolk County real estate attorneys of Harras Bloom & Archer LLP have decades of experience resolving a range of real estate-related disputes, including disputes involving brokerages, brokers and agents. We also provide legal counsel regarding the avoidance of disputes. Our services include but are not limited to the following:
Legal counsel to brokers and agents on how to anticipate potential problems and to avoid liability in order to avoid expensive and time-consuming disputes. Our counsel generally includes the negotiation, preparation and drafting of real estate brokerage contracts, including listing agreements. 
The resolution of disputes between brokerages and other parties. We are highly experienced real estate litigators who can assist at any point of a real estate dispute.
A common issue that leads to brokerage disputes is disagreements in the interpretation of real estate brokerage contracts. These contracts outline the rights and duties of both the broker and the buyer or seller whom he or she represents. The contract should describe when the broker is entitled to a commission and for what amount/in which percentage. However, disagreements can arise regarding:
Whether a fee will be paid only if there is a closing of a sale
The specifics of the broker's duties, such as showing the property, creating marketing materials and promoting the property
The owner's obligation to provide the financial information necessary to close a deal
Tail provisions covering the rights of all parties following the signing of a contract, including the broker's right to a commission regarding leads he or she has generated
The broker’s right to a commission if the owner took action that prevented a sale
We represent all parties facing legal challenges involving brokers and brokerages. As skilled real estate transaction and litigation attorneys, we can quickly and efficiently investigate the facts of the dispute that will likely have a bearing on the outcome. We have argued for real estate clients’ rights before judges, juries, arbiters and mediators in hundreds of cases, and our team’s skills and experience range from decades of client advocacy in the courtroom to service as a New York State Supreme Court referee in numerous real estate dispute matters. We can provide effective, results-driven representation both to keep you out of the courtroom and to get you out of the courtroom with your interests protected.
The  experienced real estate litigation attorneys at Harras Bloom & Archer LLP provide counsel and assistance to all stakeholders in transaction and contract disputes. For more information regarding the firm's real estate brokerage legal services, contact our Long Island office at 631-498-5505. - See more at: http://hba-law.com/lawyer/blog/Harras-Bloom--Archer-LLP-Blog.htm#sthash.Vr4S5cWz.dpuf
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Encumbrance and Lien Legal Counsel in New York City and Long Island
Encumbrances and liens are complex legal instruments that serve as a charge upon real property for the satisfaction of a debt or duty. At the New York City and Long Island law firm of Harras Bloom & Archer LLP, we offer a broad array of real estate-related legal services, including assistance to clients facing challenges associated with all types of property-related liens, such as:
Judgment liens, which can be entered by a court against a property in a civil lawsuit when a party owes money he or she cannot otherwise pay.
Tax liens, which may be imposed by law upon a property to secure the payment of unpaid property, personal or income taxes. 
Mechanic’s liens (also known as a material man’s lien or supplier’s lien), which are filed by an individual or business whose labor or supplies improved a property and who did not receive payment.
Here are the lien services we offer here at Harras Bloom & Archer LLP:
Resolving lien disclosure disputes. When an individual or organization purchases real property such as a residential or commercial building or parcel of land, it is important that the property be free of encumbrances and liens. When a property seller fails to disclose all existing liens against a property, the property’s value may be diminished and the property buyer may lose money due to diminished asset value. We are experienced negotiators and litigators and can effectively represent parties on either side if lien disclosure disputes.
The filing of liens. Contractors, creditors and others may need legal counsel regarding the advisability and feasibility of filing a lien, or regarding the court processes involved in correctly creating and filing a lien. We have advised hundreds of clients in all steps of the lien filing process and can properly draft, serve and file your lien.
The contesting of liens. Parties often disagree regarding the facts involved in lien disputes. For instance, a lien filer may claim that all or a portion of a property-related debt is unpaid; a property owner may, in contrast, believe the debt to be fully satisfied. We can accurately determine the facts pertaining to lien disputes and work effectively to achieve resolution.
The enforcement of a lien. The filing of a mechanic’s lien or other lien does not necessarily result in payment of the funds owed. We can utilize the leverage provided by judicial foreclosure sales to help obtain the funds you are owed.
Vacating and removing a lien. Once your property is cleared of a lien, you may petition the court for a decree to release the property from the lien. We can handle this process for you.
The attorneys of Harras Bloom & Archer LLP are skilled in handing lien transactions and disputes, and possess a high degree of legal knowledge and courtroom experience. For more information regarding our real estate and lien services, contact us at our Long Island office at 631-498-5505. - See more at: http://hba-law.com/lawyer/2014/02/20/Real-Estate/Encumbrance-and-Lien-Legal-Counsel-in-New-York-City-and-Long-Island_bl11911.htm#sthash.AWMG22Bf.dpuf
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