Real Estate Law
Our attorneys handle all aspects and phases of real estate transactions and our record of success in providing sophisticated legal services and advocacy has made Hellmuth & Johnson a recognized authority in the industry. Whether it be a sale or purchase transaction, a complex development involving entitlements, financing and construction, or working with property owners to optimize and protect their investments, our clients rely on our help to achieve their goals. While only 3% of Minnesota attorneys are certified specialists in any field, 85% of our real estate attorneys are MSBA Certified Real Property Law Specialists. This distinction reflects our commitment to excellence and the dedication and expertise that our clients find so valuable.
Our wide range of real estate industry services include:
- Purchases and Sales: Our team effectively and efficiently helps clients to successfully purchase and sell real estate through drafting and negotiating purchase and sale agreements, reviewing title, participating in the due diligence process, assisting with financing, and ensuring that transactions close.
- Land Use and Development: We work with our clients to structure, negotiate and successfully complete real estate development projects for commercial, retail, office, mixed-use, industrial, multi-family, and residential developments. Our experience and connections allow us to build consensus among owners, architects, lenders, and government staff to obtain all manner of necessary land use approvals, permits, and agreements with various government entities. We effectively guide projects from start to finish.
- Financing and Investors: Having a robust banking and finance practice allows us to apply those skills for property owners and negotiate the best possible loan terms and documents. Our attorneys routinely guide clients though the financing process with banks, life insurance companies, HUD and other lenders. We also represent developers in creating investor funds for financing commercial and multi-family projects, including Opportunity Zone Funds.
- Property Tax Appeals: We actively contest real estate valuations and pursue ad valorem tax appeals. Experience in this niche area and knowing the process and rules are critical to obtaining great results in a cost efficient manner.
- Construction: Our extensive construction law practice representing contractors, suppliers and design professionals adds value to our client’s real estate and development transactions. With vast experience drafting and negotiating all types of construction and design contracts our real estate clients benefit from our deep construction law experience.
- Leasing and Landlord Law: We represent owners and tenants in all market sectors, including retail, office, industrial, special-use and multi-family leasing. Our attorneys advise commercial and residential property managers and landlords and commercial tenants in a variety of real estate transactions and disputes. From drafting solid leasing documents to initiating eviction proceedings and enforcement judgment decrees, we partner with clients every step of the way to help safeguard their real estate assets.
- Homeowner Associations: Our practice in this area extends from the development and formation of homeowner associations to ongoing representation. In addition to working with associations directly, our attorneys represent and work with property managers, service providers, builders and developers of condominiums, townhomes, cooperatives and single-family communiti As the “go to” firm for homeowner association law, our developer clients enjoy a seamless integration between our association and real estate development groups.
- Dispute Resolution: We handle both real estate transaction and litigation. Our team of litigators has partners with our real estate and construction attorneys to handle complex real estate disputes regarding development, land use, financing, construction defects, contract claims, pre-suit engineering investigations and related issues.
- Culture of Collaboration
Our firm culture of collaboration provides our clients with unparalleled knowledge, free-flowing legal resources and the kind of responsiveness needed to seize-the-moment in the midst of development, financing, construction, and property optimization.
Experience
Representative Real Estate matters include:
- Hellmuth & Johnson Building: Naturally, Hellmuth & Johnson handled the construction of its own building from start to finish including acquiring the land, city approvals, construction phase, and financing.
- Globe Life Field (New Texas Rangers Stadium): Our construction attorneys represented the contractor who installed the stadium’s retractable roof.
- Parkway 25 Apartments: Hellmuth & Johnson handled this from start to finish including acquiring the land, demolition of existing structure, obtaining city approvals, connecting the client with the architect and general contractor, all matters related to construction, and handling the financing through a HUD loan.
- Represented a major property owner with regarding the restoration of a historic building and the retrofitting of modern HVAC systems. Hellmuth & Johnson’s investigations revealed that the general contractor who designed the HVAC had failed to incorporate specific building details into its ultimate design. With the help of engineers Hellmuth & Johnson identified the solutions and cost to incorporate the solutions retroactively into the system. All of which resulted in a pre-suit mediation and settlement of the claim.
- Hellmuth & Johnson has represented general contractors in a breakdown of communications between their customers during the execution of the contract and completion of the project. Our attorneys have internal protocols for resolving disputes regarding deadlines for completion, change orders, correction of errors discovered during a project, and dispute resolution without the litigation process. Typical parties involved in these resolution processes may include the general contractor, subcontractors, design professionals, and property owners.
- Hellmuth & Johnson litigators have also been actively involved in petitioning municipalities for the approval of development and construction projects which are atypical for a particular setting. This has included zoning petitions, litigations with the municipalities regarding unfair rejections of permit, zoning and variance applications, and resolving disputes related to PUD plans which have been rejected or revised unfairly. Hellmuth & Johnson has also worked closely with various historical agencies in order to obtain approval for construction and development projects related to additions and renovations of historic properties.
News Items
- Attorney Karl Tsuchiya Joins Hellmuth & Johnson
- Attorney Darbie Smith Joins Hellmuth & Johnson
- Blake Nelson Named Real Estate Lawyer of the Year
- Nancy Polomis Interviewed by CNN to Explain New Fannie Mae and Freddie Mac Lender Requirements for Condominium and Cooperative Projects Following the Condominium Collapse in Surfside Florida
- Heidi Bassett Featured in Minneapolis/St. Paul Business Journal’s Women in Law “Table of Experts” Panel
- Hellmuth & Johnson Files Lawsuit Seeking Recovery from Large Corporate Landlord of Single-Family Homes
- Hellmuth & Johnson Welcomes Attorney Ethan Malark to the Firm
- U.S. News – Best Lawyers® Ranks Hellmuth & Johnson Among 2022 “Best Law Firms”
- Attorney Jason S. Raether Joins Hellmuth & Johnson
- Hellmuth & Johnson’s Carol Moss Secures Bench Trial Victory for Client
- Michael Klemm Receives CAI Award of Excellence in Government and Public Affairs
- Hellmuth & Johnson Attorneys Named to Best Lawyers in America© 2022 List
- Attorney Lukas F. Belflower Joins Hellmuth & Johnson
- Blake Nelson Elected to the Minnesota Subcontractors Association Board of Directors
- Hellmuth & Johnson Names Christopher R. Sall as Partner
- Attorney Mallory Moen Joins Hellmuth & Johnson
- Hellmuth & Johnson Names Heidi J. Bassett as Partner
- Hellmuth & Johnson Welcomes Attorney Peter Hvidston to the Firm
- Nancy Polomis Receives Excellence in Service Vision Award
- Chad Johnson Named A Minnesota Top 500 Business Leader
- Hellmuth & Johnson Featured in the Minneapolis St. Paul Business Journal
- Hellmuth & Johnson Attorneys Named to Best Lawyers in America© 2021 List
- Michael Klemm Appointed Chairman of the Shakopee Chamber of Commerce Public Policy Committee
- Hellmuth & Johnson Attorneys Named to 2020 Minnesota Super Lawyers and Rising Stars List
- Attorney Christopher Sall Joins Hellmuth & Johnson
- Rachel M. Dahl Selected as Up & Coming Attorney by Minnesota Lawyer
- Phaedra Howard Recertified as Real Property Law Specialist
- Chris Jones Interviewed on KARE-11, Shares Three Things to Know if Buying a Flipped House
- Michele R. Loughrey Joins Hellmuth & Johnson as Estate Planning and Real Estate Partner
- Three Hellmuth & Johnson Attorneys to Present at MHA’s Working Together Conference
- Joel Hilgendorf quoted in Star Tribune story regarding rooftop dining in Edina
- Three Hellmuth & Johnson attorneys named partner
- Attorney at Law Magazine cover story features Chad Johnson and tells how Hellmuth & Johnson became a top Minnesota law firm
- Phaedra Howard wins case for residential cooperative client, judge issues published opinion
- Nancy Polomis quoted in Twin Cities Business story on property rentals for Super Bowl LII
- Nancy T. Polomis featured in November issue of Attorney at Law Magazine
- Hellmuth & Johnson continues growth with three associate new hires
- Hellmuth & Johnson attorneys named to the 2017 Minnesota Super Lawyers and Rising Stars lists
- Blake Nelson recertified as Real Property Law Specialist
- Stephen Ringquist elected to Section Council of MSBA’s Corporate Counsel Section
- Bradley Schaeppi joins Hellmuth & Johnson’s real estate group
- Stephen M. Ringquist joins Hellmuth & Johnson
- Three Hellmuth & Johnson Attorneys Named Partner
- Nancy Polomis quoted in Finance & Commerce regarding Super Bowl rentals
- Brian Niemczyk to speak to New Hope Property Managers Association
- Brian Niemczyk to speak at MMHA event in Owatonna
- David Hellmuth Quoted in Finance & Commerce on Condo Laws
- Brian Niemczyk to speak at the Crime Free Multi-Housing Training
- Brian Niemczyk and Joel Hilgendorf Present Common Legal Issues to BOMA Young Professionals
- Rob Keena to present at IREM VIP Event
- Hellmuth & Johnson names Phaedra Howard as Partner
- Hellmuth & Johnson Attorneys Selected to the 2014 Rising Stars List
- Hellmuth & Johnson Welcomes Attorney Alex C. Kopplin
- Hellmuth & Johnson obtains Supreme Court victory for client
- H&J Wins MN Supreme Court Case: Article in Finance & Commerce
- David Hellmuth Quoted in Finance & Commerce on Commercial Real Estate Law
- Article by Joel Hilgendorf on Landlord/Tenant Statute Changes
- Nancy Polomis Featured in “How should you title your home?” on Bankrate.com
- MSBA Certifies Joel A. Hilgendorf as Real Property Law Specialist
- Hellmuth & Johnson Names Polomis, Keena, and Davis as Partners
Thought Leadership
- Escalation Clause Tips and Traps for Buying a Home (or an Island)
- Yes, you can Sell your House if you Have a Tax Lien! (It is Possible to Refinance as Well)
- Inflation and Price Escalation: Why Contractors Should Review Contracts for Allocation of Risk
- Ways To Manage Your Risk In Commercial Real Estate Contracts
- Is a Reverse Mortgage Right for You?
- Attorney Spotlight: Nancy Polomis
- WEBINAR REPLAY: Vendor Selection and Negotiation for Associations
- WEBINAR REPLAY: Special Considerations for Real Estate Transactions
- Attorney Spotlight: Joel Hilgendorf
- Attorney Spotlight: Cole Hickman
- Attorney Spotlight: Kylie Kaminski
- The Champlain Towers Collapse Aftermath: Fannie Mae and Freddie Mac Announce New Lender Requirements for Condominium and Cooperative Projects
- Attorney Spotlight: Phaedra Howard
- Attorney Spotlight: Luke Belflower
- St. Paul Adopts Smoking Policy Disclosure Requirement for Common Interest Communities
- Who is Responsible for Assessments when a Homeowner Passes Away?
- Attorney Spotlight: Mallory Moen
- Attorney Spotlight: Brian Niemczyk
- Attorney Spotlight: Heidi Bassett
- Attorney Spotlight: Michele Loughrey Tschida
- Tips from Your HOA: How to Choose a Vendor for Your Maintenance Projects
- Who is Responsible for Paying Assessments During and After a Mortgage Foreclosure?
- Attorney Spotlight: Jen Rutz
- Attorney Spotlight: David Hellmuth
- Short-Term Rental Restrictions Gaining Popularity in Minnesota
- St. Paul’s New “S.A.F.E.” Housing Ordinance Takes Effect March 1, 2021
- Who Pays for Repairs When Ice Dams Cause Damage to a Unit?
- Snowbird Law: Keep Your Florida Property out of Probate
- Tax Season: Do I Really Have to Pay That Much?!
- Snowbird Law: Surprised With A Lawsuit While Out Of State
- Homeowner Association Management Agreements: The Top Ten Issues
- Snowbird Law: Relocating from Minnesota to Florida
- What is a Cohabitation Agreement? Do I Need One?
- ALERT: City of Edina Expands Mask Order to Multi-Family Residential Properties
- Subleasing and Assignment Provisions in Commercial Leases
- Change in Law Authorizing New Procedures for Amending Governing Documents
- COVID-19 and Commercial Real Estate Leases in Minnesota
- Cabin Fever? Keep It in the Family!
- Know Your Written Notices!
- A Primer on Housing Cooperatives
- Commissions: When is an Agent Entitled to Payment?
- Flip or Flop: What to Know and Ask When Buying a House
- Outside the Bricks, Mortar and Numbers: Multifamily Property Due Diligence
- Super Bowl LII: An Update on Short-Term Rentals
- Brief Primer on Real Estate Arbitrations
- Implementation of Minnesota’s Buffer Law: Alternative Practices
- Resolving Disputes Regarding Value of the Loss through the Appraisal Process
- Avoid Legal Pitfalls Selling Minnesota Multifamily Properties
- What Is A Resale Disclosure Certificate: A Brief Overview
- Knowing The Difference Between When A Home Can Be Legally Occupied & When It Was Completed
- Implementation of Minnesota’s Buffer Law is underway: Enforcement
- Implementation of Minnesota’s Buffer Law is Underway: Public Waters Compliance
- Minnesota Gets Set to Implement Updated Buffer Law
- I Am the King (Or Queen) of My Castle!
- Know & Tell: Understanding Seller’s Real Estate Disclosure Requirements
- Political Signs and Candidate Visits – Be Aware of the Law
- Buying a new home? Find out when your warranty begins
- Property Tax Appeals
- An introduction to nonmarital property issues in Minnesota
- New risks to homeowners in pursuing claims for construction defects
- Landlord/Tenant statute changes
- Responding to a Breach of Purchase Agreement
Community
Our attorneys serve the local community through the following affiliations:
- Minnesota State Bar Association Certified Real Property Law
- Construction Lawyers Society of America
- Minnesota State Bar Association
- Hennepin County Bar Foundation
- Fourth District Ethics Committee, which provides recommendations to the Office of Lawyers’ Professional Responsibility on ethics cases
- National Association of the Remodeling Industry, Minnesota Chapter (NARI-MN)
Past Seminars
- Legal & Business Issues Affecting Contractors 2020
- 2019 Community Association Fall Seminar
- CLE: Millennials and Gen Xers Are in Your Jury – Are You Ready?
- 2019 Community Association Spring Seminar
- 2019 Community Association Spring Seminar
- Legal and Business Issues Affecting Contractors 2019
- Community Association Seminar Fall 2018
- Divorce Litigation from Start to Finish
- New Overtime Rules Seminar 2016
- Second Saturday Divorce Seminar
- Community Association Seminar Fall 2016
- Revocable Living Trusts from Start to Finish
- Entertainment Law
- Revocable Trusts from A to Z
- Business Decisions You Can Bank On
- Cyberliability Insurance Session
- Intellectual Property – Armor for Entrepreneurs
- Small Business Series: Wage and Hour Issues
- Mastering Fiduciary Accounting Income
- Small Business Series: Succession Planning
- Drafting IRA Trusts
- Proactive vs. Reactive: Charitable Giving Seminar
- 2017 Women’s Entrepreneurship Conference
- Small Business Series: Intellectual Property
- Community Association Seminar Spring 2017
- Trusts From A to Z
- 2017 Probate & Trust Law Conference
- What Can You Do With Property Nobody Wants?
- How Not to Get Sued
- Estate Planning: The Ultimate Guide
- How To Get It Done: A Homeowners Guide
- Accommodation Requests Under the Fair Housing Act
- Small Business Series: Business Banking
- Legal and Business Issues Affecting Contractors 2017
- Commercial RE Seminar: Environmental Due Diligence
- ABA Property Insurance Law Spring CLE Conference
- Community Association Seminar Spring 2018
- Preventative Maintenance & Const. Defect Claims
- Single Member LLCs
- Revocable Living Trusts 101
- Trust Taxation: The Ultimate Guide
- Legal and Business Issues Affecting Contractors 2018
- Intellectual Property: Start to Finish
- 2017 Greater Mankato MHA Conference and Trade Show
- Community Association Seminar Fall 2017
- Drafting IRA Trusts
- Small Business Series: Non-Competes & More
- Rochester Community Association Seminar 2017
- What’s Your End Game? Succession Planning
- Handling the Sale of a Business
- “Guilty Until Proven Innocent” Flooring Seminar