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Practice Areas

Real Estate

Real EstateThomas, Niesen & Thomas has a long-standing tradition of professionally serving the real estate needs of individual, partnership, small business, and corporate clients.  Our Real Estate attorneys have extensive experience providing broad representation in real estate transactions, ranging from large corporate conveyances to individual home sales to resolution of zoning matters.  We provide counseling in drafting and negotiating leases, sales agreements and construction contracts. We also represent clients before planning, zoning and other municipal bodies.

Commercial & Residential Real Estate Transactions

Our Real Estate attorneys have presided over hundreds of real estate settlements.  We have an active practice in negotiating, structuring, and drafting purchase and installment sales agreements, broker listing agreements, option agreements, and escrow agreements.  We also render title services consisting of deed and mortgage preparation, representation at settlement, acquisition of title insurance, negotiation and securing of necessary mortgage, lien or judgment release documents, post-settlement filings and disbursements. 


Leases often carry a variety of business and legal risks, and a lease that is well-negotiated and well-drafted can save time and money.  Our attorneys have a comprehensive knowledge of both sides of complex real estate lease matters to help clients sift through the dense leasing documents and complex issues.  We provide representation to landlords and tenants in a variety of leasing transactions, including office leases, retail leases, subleases, build-to-suite leases, turn-key leases, and tenant improvement allowance leases.  In addition, our attorneys have extensive experience counseling clients on:

  • Effective and fair limitations on common area maintenance (“CAM”) and “additional rent” charges
  • Accurate calculation of pro-rata real estate tax and insurance costs
  • Concise imposition of the “use” clause
  • Handling the exposure to disruption of occupancy and assignment and subletting of leased space
  • Proper use of the sales-drive gross rent calculation in retail leases

Real Estate Finance

Business and homeowners need to be aware of the wide variety of financing tools available to them for building or home construction, use of building or home equity for growth or personal needs, and how to limit personal liability in loan negotiations.  Our Real Estate attorneys capably advise and assist borrowers in purchase money loan negotiation, construction loan negotiation, refinancing, debt restructuring, and release of collateral or release of liability.

Land Development (Land Use & Zoning)

Thomas, Niesen & Thomas helps property owners and developers obtain necessary land use and zoning approvals, planning changes and permits.  Our Real Estate attorneys have experience representing clients in appeals before municipal zoning hearing boards, local planning commissions, and trial courts.  Our attorneys are well versed in the Pennsylvania Municipalities Planning Code and are familiar with the intricacies of many local zoning and development codes.  Effective representation is offered from plan concept through presentation of plans to ultimate approval, after which our attorneys represent homeowners, homebuilders, and commercial land developers in all phases of construction.

Real Estate Disputes

Inevitably, real estate transactions are subject to disputes between competing interests.  When disputes do arise, Thomas, Niesen & Thomas offers through counsel and representation in matters pertaining to:

  1. Easement ownership
  2. Lien and judgment relief including actions for declaratory relief and quiet title
  3. Landlord/Tenant disputes (commercial and residential)
  4. Foreclosure and confession of judgment proceedings
  5. Breach of contract or fraud and misrepresentation in the sale or purchase of real estate
  6. Broker/agent negligence and constructive fraud
  7. Premises liability including resolution of insurance claim


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