When Your Deal Is Too Important to Leave to Chance
Real estate development isn't just about property—it's about vision, capital, timing, and execution. When millions of dollars hang in the balance, you need more than a lawyer who can draft documents. You need a strategic partner who understands the intricate dynamics of complex transactions, can navigate regulatory obstacles that cost developers tens of millions in delays, and knows how to protect your interests when partnerships become contentious.
Smith & Associates brings its proven strategic approach to every real estate matter, combining decades of experience representing developers, investors, and brokers with an unwavering commitment to achieving your deal goals. We don't just react to legal issues—we anticipate them, prevent them, and solve them before they threaten your timeline or bottom line.
Comprehensive Real Estate & Development Services
Complex Transactions
From multi-party acquisitions to intricate financing structures, we guide developers and investors through sophisticated deals that require precision, creativity, and strategic thinking.
Development Counsel
We provide end-to-end legal support for development projects, from land acquisition and entitlements to construction contracts and final disposition.
Investor & Partner Relations
When partnerships fracture or investor disputes arise, our litigation experience and deal expertise help protect your interests and find resolution.
Regulatory Problem-Solving
We've been brought in to rapidly address and solve utilities and sewer commission delays that cost developers tens of millions—turning regulatory roadblocks into cleared paths forward.
Commercial Leasing
Representing landlords and tenants in complex lease negotiations, ensuring your interests are protected in both short-term arrangements and long-term commitments.
Title & Due Diligence
Thorough investigation and resolution of title issues, easements, and property encumbrances that could derail your transaction.
Zoning & Land Use
Strategic guidance through eminent domain, zoning challenges, variance applications, and municipal approval processes.
Real Estate Litigation
When disputes arise over contracts, ownership, boundaries, or breach of agreement, our courtroom experience delivers results.
Case Study: Saving a 400 Plus Unit Development from Regulatory Collapse
The Multi-Million Dollar Sewer & Utilities Crisis
The Challenge
A prominent regional developer had invested years and a hundred million dollars in planning, site preparation and construction of a nearly 450-unit housing development project valued at over $250 million. With construction financing on the line and contractors ready to complete construction, the project ground to a halt when the local sewer commission suddenly reversed its previous approvals, citing newly discovered "capacity concerns" and the incumbent utility was not providing electric and gas hookups.
The developer faced a catastrophic scenario: interest was accruing at $12,000 per day ($360,000 per month), contracts with buyers were in jeopardy, and contractor penalties were accumulating at $125,000 per month. Both the sewer commission and the utility remained intransigent.
Our Strategic Approach
Smith & Associates was brought in and tasked with rescuing the project.
Conducted Comprehensive Analysis: Our team discovered that the sewer commission's "capacity study" was based on flawed assumptions and outdated data. We identified three separate legal vulnerabilities in their process, including violation of their own procedural requirements and inconsistent application of standards compared to recently approved developments.
Built a Multi-Pronged Strategy: Rather than simply continuing failed negotiations, we simultaneously prepared for litigation, engaged with state regulatory oversight agencies, and identified key municipal stakeholders whose support could shift the political dynamics. We also directly interacted with the utility causing a major escalation in oversight and attention at the utility.
The Result
Within days, the sewer issues were resolved and utility had crews on site.
Financial Impact:
- Saved the client millions in interest
- Avoided contractor penalties and loan extension fees
- Preserved buyer expectations
- Reduced delay from the unlimited to days
- Total estimated value saved: Tens of Millions of dollars
The developer was grateful Smith & Associates saved the project and by extension the company. Their combination of legal expertise, strategic thinking, and rapid execution was unlike anything the client had experienced. We turned what seemed like an impossible situation into a success story.
Why Developers, Investors & Brokers Choose Smith & Associates
Deep Experience Across the Real Estate Spectrum
With decades of experience in complex real estate matters, we've seen virtually every challenge that can arise in development and investment transactions. This experience allows us to spot issues before they become problems and craft solutions that less experienced counsel might miss.
Strategic, Not Just Transactional
We don't just process your deals—we actively advance your business objectives. Whether that means restructuring a partnership agreement to align incentives, finding creative solutions to regulatory challenges, or negotiating terms that give you maximum flexibility for future development phases, we think strategically about how each legal decision serves your larger goals.
Proven Problem Solvers
When other attorneys get stuck on complex agreements or regulatory obstacles, they call us. When projects face delays that threaten millions in losses, we're brought in to find solutions. Our track record of rapidly resolving seemingly intractable problems has made us the go-to firm for sophisticated parties facing high-stakes challenges.
Trusted by the Most Demanding Clients
From serving as expert advisors to judicial proceedings on property matters to being retained by other real estate attorneys for our specialized expertise, we've earned the trust of clients who accept nothing less than exceptional legal service.
Aggressive Advocacy When Needed
While we prefer to solve problems through strategic negotiation, we have extensive litigation experience when disputes can't be resolved otherwise. Whether protecting your interests in partnership conflicts, contract disputes, or regulatory challenges, we fight tenaciously for your rights.
Representative Matters
While maintaining client confidentiality, we can share the breadth of our experience:
- Worked on a syndication on what was at the time the largest NYC purchase ever on Park Avenue
- Represented developers in acquisitions and developments
- Resolved multi-party investor disputes involving assets valued in the hundreds of millions
- Negotiated complex agreements for developments
- Successfully advocated for clients before regulatory and municipal bodies to avoid blocking development projects
- Structured sophisticated financing arrangements for commercial developments
- Represented brokers in high-stakes commission disputes
Smith & Associates
E. David Smith, Esq.
Solving Complex Legal Matters for Smart Business People
New York: 570 Lexington Avenue, 23rd Floor, New York, NY 10022 | (212) 661-7010
New Jersey Office: 104 Howard Avenue, Passaic Park, New Jersey 07055
Rockland County, Monsey, Montebello Office: 400 Rella Drive, Suite 174, Montebello, New York 10901
Orange County, Monroe, Kiryas Joel Office: 2 Durant Drive, Suite 100, Monroe, New York 10950