Representation of Developers & Builders

We handle all aspects of real estate transactions for both Developers and Builders. Our services include title and project analysis; negotiation and drafting of contracts, leases, restrictions and easements; representation regarding financing; land use and zoning; survey analysis; environmental issues, and dispute resolution.  

Representation of Sellers & Buyers

Gerner & Kearns has an excellent reputation for assisting both residential and commercial buyers and sellers through every phase of a real estate transaction. Whether you are buying or selling a home or business property, we understand that real estate law is complex. There is no substitution for having legal representation, provided by an experienced and caring real estate attorney. We have closed thousands of real estate transactions and have the expertise and knowledge of 16 well-qualified real estate attorneys to be certain you are comfortable throughout the process.  

Like-Kind Exchanges

When you sell an investment property and reinvest in another, a properly structured Like-Kind Exchange (also called a 1031 Exchange) allows you to defer capital gains tax at both the federal and state level, as well as defer depreciation recapture. By postponing the tax, an investor has more money on-hand to immediately reinvest into another property. 

Gerner & Kearns, Co., L.P.A. can assist you with forward-delayed exchanges, reverse exchanges and construction exchanges. We will coordinate and facilitate the entire exchange transaction. We provide a total package, including all paperwork, reporting and full Qualified Intermediary services which will result in a successful transaction that qualifies under Section 1031 of the Internal Revenue Code. By understanding your current and future investment goals, together we create solutions that maximize your long-term wealth. In our mind, an exchange is not just a single transaction but part of your comprehensive investment plan.  

Contract Negotiation and Drafting

All too often, unsuspecting individuals enter into agreements, contracts and otherwise legally-binding arrangements without the benefit of legal counsel. After experiencing conflict or legal recourse, these parties solicit our services to avoid loss and exposure. Unfortunately, taking on matters after documents are signed and sealed leaves us with little option other than what is already documented.  Litigation regarding contract disputes is successful when the forethought and preventative measures are in place before execution of written materials between parties. Our attorneys are skilled in negotiating and drafting contract covenants so that they favor and protect our client's interests. We handle negotiation of terms for either the purchase or sale of real property. 


Although land surveying is a growing tendency for most owners, it's often overlooked as a preventative measure for protection of real estate assets. Surveys expose encroachments onto your property or from your property onto adjacent parcels. Encroachments can exist in the form of fences, porches, decks, pools, outbuildings, overhead wires, driveways or your dwelling itself. The recourse for removal of these items can be time-consuming and expensive. Our attorneys research and report current easements and negotiate with neighboring parties the terms for granting easements for driveway, fences and other encroachments and then draft and record the necessary documentation to memorialize the terms of the agreement between parties in the public real estate records.

Land Subdividing and Consolidation

Real Estate is a sound investment and a precious commodity in our rapidly expanding world. A popular alternative to purchasing land elsewhere is to purchase land where you already reside or invest and consolidate it with your own property. Land consolidation is an intricate process consisting of acquisition of real estate, boundary surveying, obtaining cut-up and/or consolidation plats and filing new instruments with the appropriate offices. Our attorneys handle the contract negotiation with adjacent landowners as well as the planning/zoning regulations and permits, the local government requirements for surveying, new plats and drafting Deeds to transfer the real property with the Auditor/Recorder. Likewise, subdividing or splitting land is quite an involved process which requires expertise in dealing with surveyors, adjoining landowners, and government officials. Covenants and restrictions are needed to continue land use.

Other Specialty Services

  • Regulatory Compliance Services

  • General Counsel for Lending Institutions

  • Assistance with understanding and complying with RESPA Laws

  • General Counsel for Lending Institutions

  • Expert Witness on real estate legal matters

  • Arbitrator and Mediator on real estate legal matters


Please contact us for more information.