Real Estate Transactions, Litigation & Landlord-Tenant Law
Lawyers For Buyers, Sellers, Investors, Coop/Condo Boards, Trustees/Executors & Landlords

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  • Types of Properties

    Types of Properties

    Real estate transactions are very risky from a financial point of view.

    Nobody can eliminate the risk altogether, but you sure can reduce it quite a bit by using a lawyer who understands what risks are associated with the property and what can be done to manage them.

    For almost every clause, there is a generally accepted middle-ground that most attorneys will agree to by default. However, it takes work to make all those requests and while most attorneys do recognize what needs to be done, good luck actually getting that level of service.

    We’re a boutique Brooklyn law firm. Our goal is to become Brooklyn’s largest and most successful law firm. The only way we can do that is by having clients who are thrilled with our services, who use us for all of their business needs, and recommend us unconditionally. We work hard for that by keeping our promises, making ourselves easily accessible to you and being thoughtful and proactive with all issues.

    • Single & multi-family homes
      Single & multi-family homes

      Sellers: we make sure your buyer pays. Buyers: we make sure the sale happens.

    • Coops, condos and townhomes
      Coops, condos and townhomes

      Contracts, board approvals, financials, stock transfers. We make it easier.

    • Mixed Use Buidlings
      Mixed Use Buidlings

      Purchase, sale & rental contracts, due diligence, tax planning. We do it well.

    • Apartment Buildings
      Apartment Buildings

      We serve investors. Financial & legal due diligence, LLCs, asset protection.

    • Office buildings
      Office buildings

      We close complex financing, ground & commercial leases, restructure debt.

    • Warehouses

      We maximize profitability of warehouse investments & commercial leases.

    • Manufacturing & Industrial spaces
      Manufacturing & Industrial spaces

      We assist with tax & development contracts, environmental & zoning issues.

    • Healthcare Facilities
      Healthcare Facilities

      We’ll manage zoning, permits, buy/sell/lease & construction contracts.

    • Shopping malls & retail stores
      Shopping malls & retail stores

      We handle financial/tax structuring. We draft, negotiate & litigate leases.

  • Real Estate Transactions

    Real Estate Transactions

    Real estate transactions are risky business.

    As the seller, you could become liable for all kinds of physical and legal problems, including asbestos, lead paint, illegal renovations, environmental toxins, bad tenants, broker commissions on property that didn’t sell as planned and much more. You could just get tied up for a long time by a buyer, or worse yet a middleman “investor,” without the financial means to close. You could fail to consider the tax implications of your sale and lose big money for no reason. As the buyer, you’ve got your own risks.

    You could easily default on your security deposit, lose your mortgage commitment, waive essential rights or end up in litigation with people you’ve never met and never wanted to. The solution is to work with a responsible real estate lawyer (like myself) who plans ahead and leaves nothing to chance.

    • Contract Drafting
      Contract Drafting

      Protect your security deposit. Stop buy-then-negotiate fraud. Avoid surprises.

    • Short Sales & Auction Contracts
      Short Sales & Auction Contracts

      Stop foreclosure. Protect your credit. Avoid bankruptcy. Improve your finances.

    • Portfolios

      Due diligence, investor protection, contract negotiation & loan structuring.

    • Title Issues
      Title Issues

      Liens, violations, deed errors, forgeries, bad lis pendens & title disputes.

    • Due Diligence
      Due Diligence

      Protection against serious lease/tenant, title, legal and financial risks.

    • LLC & Corporate Formation
      LLC & Corporate Formation

      Protect assets, income & property. Structure deals to attract great investors.

    • 1031 Exchange
      1031 Exchange

      Defer capital gains tax. Give yourself greater leverage & investment capital.

    • Change Ownership of Property
      Change Ownership of Property

      Deed transfers for asset protection, estate planning & buy/sell transactions.

  • Real Estate Litigation

    Real Estate Litigation

    Real estate litigation is high-stakes litigation.

    Unlike other fields of law that are governed by clear rules, real estate is both highly fact-specific and governed by a web of federal, state and city laws as well as many informal customs passed down in the form of established case law – which itself is more established in some counties than others. And for many issues, familiarity with the case histories of the specific judges sitting in that county will make it a lot easier to decide whether to settle or push harder.

    You could have all the facts on your side and lose for a seemingly ridiculous reason. It happens every day. We work with very good, specialized litigators who spend much or all of their time in housing court, probate court, NYC Civil and the NYS Supreme Court. If you need to go to court over a real estate matter, you can give yourself a much better hand by working with us.

    • Neighbor & Tenant Disputes
      Neighbor & Tenant Disputes

      Bad behavior, noise complaints, boundary issues & disputes over shared space.

    • Probate Litigation & Wills
      Probate Litigation & Wills

      Adverse possession, deed transfers, partition actions, real estate, coop sales.

    • Broker Commission Disputes
      Broker Commission Disputes

      Negotiate/litigate disputes over real estate & insurance broker commissions.

    • Disputes between owners
      Disputes between owners

      Negotiate/litigate disputes for divorcees, business partners & property heirs.

    • Bankruptcy & Foreclosure Litigation
      Bankruptcy & Foreclosure Litigation

      We help landlords, tenants & investors fight and succeed in bankruptcy court.

    • Security Deposit Litigation
      Security Deposit Litigation

      Delayed returns, defective notices, deductions, damages & recovery lawsuits.

  • Leases & Landlord-Tenant Law

    Leases & Landlord-Tenant Law

    Every week we get calls from commercial tenants trying to…

    …break leases, being sued by the landlord on rent acceleration clauses, personal guarantees, trying to recover their security deposit for all kinds of reasons including exercise of the good guy clause, assignments refused by the landlord, buildings that never got their Certificate of Occupancy or lost it later on, etc.

    We also deal regularly with landlords who are leveraged to the hilt and cannot afford to take on a bad tenant, or who have tough terms from their lenders or investors and need creative negotiation to close the right deal on the right terms. We draft leases, we negotiate leases for both sides and we litigate leases that have gone south.

    The NYC courts typically enforce leases exactly as written without concern for fairness. So you better get it right. If you are in any way involved with a commercial lease, it would be a great idea to call us. We will get your deal done but also keep you out of the hornet’s nest.

    • Commercial & Residential Leases
      Commercial & Residential Leases

      We draft, review, negotiate & litigate leases to protect landlords or tenants.

    • Lease Negotiation
      Lease Negotiation

      We know the standards for all major industries. We make deals other firms lose.

    • Early Lease Termination
      Early Lease Termination

      We negotiate & litigate lease breaking or assignment, good guy clauses, etc.

    • Security Deposit Recovery
      Security Deposit Recovery

      Delayed returns, defective notices, deductions, damages & recovery lawsuits.

    • Rent Stabilization & Rent Control
      Rent Stabilization & Rent Control

      Lawful evictions, buyout offers, fighting unlawful evictions & non-renewals.

    • Roommate, Subtenant and Shared Space Contracts
      Roommate, Subtenant and Shared Space Contracts

      Structure live/work contracts, rules & financial duties to minimize conflict.

  • Cooperative & Condominium Law

    Cooperative & Condominum Law

    Anyone who has lived in New York City knows that cooperative living is anything but cooperative.

    From the tenant’s point of view, leaks happen and nobody wants to take responsibility, huge sums are borrowed and spent with unequal benefit, noise, pet and parking rules are unequally enforced and ownership issues arise, as well as issues of who can legally live in the units. From the board’s point of view, it’s a thankless job.

    You can’t make anybody happy for long, even your allies are plotting against you, people are constantly suing the building and withholding rent without justification, you can be held liable for laws you never even knew existed, and one management company takes advantage worse than the next. I have been a coop owner, an apartment owner, a tenant and a coop board member. I’m a a real estate attorney and as such, I provide the level of skillful insight needed to make life more peaceful for my client, whether that is a tenant or a building.

  • Real Estate Finance & Investors

    Real Estate Finance

    For whatever the reason, many real estate attorneys don’t really serve investors as their primary clientele.

    That’s not the case here. We can help investors structure deals to minimize risk and tax liability, and maximize profit on the deal. We also work as general counsel for family businesses and closely held companies to manage internal issues and make sure that everybody’s interests are being properly represented.

    We can advise on the risks and benefits of individual deals and strategies, including real estate wholesaling/assignment and development of retail, office, warehouse, industrial and shopping center space, as well as multifamily residential buildings, cell phone and utility rental/easement agreements, and on the financial terms available from various debt and equity sources.

    • LLC formation & investor agreements
      LLC formation & investor agreements

      Structure LLC’s & draft agreements that protect, attract capital & avoid taxes.

    • Mortgage Financing
      Mortgage Financing

      Residential/commercial. Negotiate short sales, loan modification/restructuring.

    • Bankruptcy & Foreclosure Litigation
      Bankruptcy & Foreclosure Litigation

      We assist business & consumer debtors, as well as landlords & other creditors.

    • Asset Protection Strategies
      Asset Protection Strategies

      Jurisdiction, entity selection & structuring, investigations, lawsuit deterrence.

    • Note purchase & sales
      Note purchase & sales

      It’s all fun & games until the note is unenforceable. We do notes properly.

    • Insurance Contracts
      Insurance Contracts

      Needs assessment, sourcing, due diligence, negotiation & failure-to-pay.

    • Tax & utility rate disputes
      Tax & utility rate disputes

      Illegal utility backbilling. Tax appeals, property valuation & assessments.

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Bradley R. Bailyn, Esq. , Founder

Bradley Bailyn is an attorney representing commercial and residential real estate investors, owners, boards, landlords, tenants, buyers, sellers, asset managers, lenders, and creditors in private transactions as well as litigated matters throughout New York. Mr. Bailyn sees things from all perspectives, having himself held many of the above roles.

Mr. Bailyn brings to the table an excellent working knowledge of the field, and also a lifetime of industry contacts which can be immeasurably helpful when emergencies arise.

Mr. Bailyn attended NYU's Stern School of Business and Brooklyn Law School. He has served as in-house counsel for multiple firms and worked on real estate deals, M&A, business restructuring, litigation and employment matters

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The Bailyn Law Firm, P.C
6301 Mill Lane

Brooklyn, NY 11234

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