Commercial Real Estate

Koester Law’s real estate practice requires familiarity with the myriad of issues related to transactions in 21st century New Jersey. Koester Law attorneys have drafted and negotiated complex real estate purchase and sale contracts and leases, including new construction contracts, agreements with architects and contractors, and design-build contracts. Often these agreements relate to real estate that is proposed to be developed. Our experience in land use approvals gives us the knowledge necessary to anticipate the requirements necessary to protect the parties. The firm’s goal is to ensure that the agreement reflects our client’s expectations in obtaining development approvals before a party is required to complete the transaction and pay or receive a payment related to the realistic improvements that can be anticipated in a development.

The firm has negotiated sophisticated easements, transfer of sewer rights and complex options. In addition, when appropriate, we provide counseling in business formation to create the  entity  that owns the property subject to the transaction.

Koester Law closes on everything from commercial deals involving property rights and development options to complex refinancing of multi-million dollar projects for all manner of commercial and residential developments, including large retail, commercial and industrial establishments.

In these complex economic times, the firm also assists our clients who need to develop realistic work outs to situations involving distressed real estate. Whether it is a landlord with a defaulting commercial tenant, a tenant that has a commercial lease that is no longer viable, a mortgage that is in default or a joint venture that has run into trouble, we  make every effort to assist in finding an innovative and practical resolution. Not every distressed real estate situation has a happy ending, but we do our best to help our clients find a solution, while making every effort to minimize their financial exposure to the greatest extent possible.

Koester Law represents clients in all phases of real estate development, zoning, sales, purchases, financing and leasing. Specifically, we assist clients in the following types of legal matters:

  • Acquisition and development financing
  • Annexation, zoning, subdivision, master planning and other land  use issues
  • Commercial real estate contracts
  • Condominiums and Planned Unit Developments (PUDs)
  • Construction lending and negotiations
  • Construction litigation
  • Construction, including design-build
  • Construction, financing
  • Contract negotiations
  • Development agreements and incentives
  • Easements and restrictions
  • Environmental regulation and litigation
  • Environmental compliance
  • Purchases and sales of single properties
  • Equity investments and joint ventures
  • Financing transactions
  • Foreclosures and work-outs
  • Land investment, development, and use, including joint ventures and build-to-suit projects
  • Land use planning/development regulation and litigation
  • Leasing-from office, retail, and industrial properties to recreational space
  • Mortgage transactions
  • Planning and Zoning Board Approvals
  • Purchase and sale transactions
  • Real estate tax appeals
  • Real property litigation
  • Sales/leasebacks and exchange
  • Site development contracts
  • Title questions
  • Zoning regulation and litigation
  • Green Acres


  • Affordable housing regulation compliance, development and litigation
  • Commercial buildings and retail centers
  • Restaurants
  • Banks
  • Self-storage facilities
  • Health care facilities
  • Mixed use buildings and facilities
  • Office and industrial parks
  • Office buildings
  • Medical arts buildings
  • Residential developments and subdivisions
  • Redevelopments
  • Automobile dealerships
  • Shopping malls and retail centers
  • Sports and training facilities
  • Service stations and mini-marts
  • Car washes


  • Architects and Engineers
  • Banks and other institutional lenders
  • Brokers
  • Builders
  • Contractors
  • Developers
  • Individual Landowners and Purchasers
  • Insurance Companies
  • Landlords and Tenants
  • Landowners
  • Property Managers
  • Title Companies