Real Estate
Overview
Real estate has long been a powerful component of the Washington metropolitan economy, and extensive knowledge of real estate law has always been a strong suit of Bean, Kinney & Korman. Whatever part you play in this dynamic industry – owner, seller, purchaser, lender, developer, broker, landlord, tenant, investor, title insurer, property manager or community association – we offer seasoned, practical and responsive legal support to help you succeed in any economic environment.
Although many of the fundamental principles of real estate law originate from centuries of law and custom, the complexity of issues affecting real estate has grown exponentially. Yet at the same time, effective representation in real estate transactions demands practical, real world advice and counsel, not academic analysis. Real estate industry clients want more than legal answers, they want legal solutions. Bean, Kinney & Korman understands how to identify issues and risks while putting them into context for our clients without losing sight of their goals. But we keep an objective view and are always prepared to advise candidly when the risks may outweigh the benefit of the deal.
We welcome the opportunity to put more than 50 years of experience and accumulated wisdom representing clients in all aspects of the real estate industry at your service.
Transactional
- Contract formation
- Venture entity / joint venture formation
- Title examination and title issues
- Real estate private equity fund formation
- Evaluation of environmental risk assessment
- Zoning, land use and development rights, land subdivision, density rights transfers
- Distressed asset scenarios and workouts
- Financing
- Affordable housing tax credit financing
- Construction services and contracting
- Commercial leasing
- Tax-deferred exchanges
- Community association matters
Litigation and Contested Actions
- Construction litigation; mechanic’s liens
- Commercial landlord/tenant litigation
- Business bankruptcy
- Business and commercial contract litigation
- Tax assessment contests
- Condemnation
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Publications
- Commercial Foreclosure Alternatives (DC)
Lexis Nexis, March 18, 2024 - Commercial Foreclosure Alternatives (VA)
Lexis Nexis, March 18, 2024 - Arlington County loses pretrial appeal in Missing Middle suit
ARLnow, January 16, 2024 - Planning Commission approves Final Development Plan for multifamily building in Bailey’s Crossroads
the Annandale Blog, October 15, 2021 - Supervisors support consolidation for storage facility expansion
the Annandale Blog, July 28, 2021 - Madeira School campus plan wins county approval
Sun Gazette, June 21, 2021 - Commercial Foreclosure Alternatives (VA)
LexisNexis/Practical-Guidance, January 21, 2021 - Kasa Living, a pop-up hotel startup, is coming to Rosslyn
Washington Business Journal, December 28, 2020 - Developer targets Days Inn along Route 50 in Arlington for mixed-use
Washington Business Journal, October 29, 2020 - BUILDING BLOC: How the Construction Industry Can Use the Vote to Shore Up the Foundation of Democracy
Virginia Bar Association Construction Law Blog, October 1, 2020 - Force Majeure and the Doctrine of Impossibility
Business Crimes Bulletin, LJN, April 20, 2020 - Understanding the Available Tax Credits Under Families First Coronavirus Response Act
March 23, 2020 - Coronavirus Force Majeure and Real Estate Leases
March 16, 2020 - Assignment and Consent Standards in Commercial Leases
Commercial Leasing Law & Strategy, March 6, 2020 - Mechanics Lien Flowchart (DC)
Practical Law, June 29, 2019 - Mechanic’s Lien Flowchart (VA)
Practical Law, June 29, 2019 - Mechanic’s Lien Workflow Checklist (DC)
Practical Law, June 29, 2019 - Mechanic’s Liens in Practice (DC)
Practical Law, June 29, 2019 - Mechanics’ Lien Workflow Checklist (VA)
Practical Law, June 29, 2019 - Mechanics’ Liens in Practice (VA)
Practical Law, June 29, 2019 - Dissecting Opportunity Zone Fund Structures
Opportunity Zone Magazine, May 6, 2019 - D.C.’s Historic Preservation Laws – Not the Zoning Regulations – Remain the Biggest Impediment for Pop-Up Development
BKK Construction & Land Use Newsletter, September 1, 2015 - A Patriotic Partnership: The Construction Industry and the Military
BKK Construction & Land Use Newsletter, June 4, 2015 - Fairfax County’s Plans for the Route 1 Corridor
BKK Construction & Land Use Newsletter, June 4, 2015 - Arlington County Board Revisits the Retail Action Plan
BKK Construction & Land Use Newsletter, March 3, 2015 - When’s it OK to Re-record a Deed?
VLTA Examiner, April 7, 2014 - John Kelly was interviewed regarding “Lease Acceleration Clauses: Top Issues & Concerns” on Commercial Real Estate Radio with Howard Kline.
Commercial Real Estate Radio with Howard Kline, February 24, 2014 - 1031 Exchanges with a Twist
BKK Wills, Trusts & Estates Newsletter, November 2, 2013 - Of Boats, Dining, and Zoning: Virginia Supreme Court Decides Old Dominion Boat Club v. Alexandria City Council
Virginia Real Estate, Land Use & Construction Law Blog, November 1, 2013 - Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims
Virginia Real Estate, Land Use & Construction Law Blog, July 27, 2013 - Misplaced Trust
VLTA Examiner, July 1, 2013 - What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners
Virginia Real Estate, Land Use & Construction Law Blog, June 25, 2013 - Zoning Ordinance Revisions Affecting Arlington County’s By-Right Outdoor Cafés
BKK Construction & Land Use Newsletter, June 1, 2013 - Abstract Problems and Concrete Solutions
VLTA Examiner, April 1, 2013 - Court Rules CPL Doesn’t Insure Title
Title Insurance Law Newsletter, February 1, 2013 - Condemnation Changed (Permanently?) in Virginia
AIA Northern Virginia News, January 1, 2013 - Landlords’ Liens and Waivers
Commercial Leasing Law & Strategy, December 1, 2012 - Estate Tax Savings and Increased Creditor Protections When You Incorporate LLCS and Limited Partnerships into Your Estate Plan
November 1, 2012 - Understanding Landlords’ ‘Self-Help’ Rights
Commercial Leasing Law & Strategy, September 1, 2012 - Asset Protection Trusts in Virginia
BKK Wills, Trusts and Estates Newsletter, August 1, 2012 - Landlords’ Rights to Self-Help with Defaulting Tenants
Real Estate Financial Intelligence, June 1, 2012 - Curing Title Defects During Foreclosure
The Fee Simple, April 1, 2012 - D.C. Jobs Bill has Far-Reaching Implications for Contractors
BKK Construction & Land Use Newsletter, March 1, 2012 - Proposed Amendment to Virginia’s Constitution Could Limit Government’s Use of Eminent Domain
BKK Construction & Land Use Newsletter, March 1, 2012 - Wrestling with the Trustee’s Strong Arm: Defending Avoidance Actions Under Section 544 of the Bankruptcy Code
Title Insurance Litigation Committee News, December 18, 2011 - Title Insurer Not Liable for Approved Attorney’s Misrepresentation, but Policy’s “Unsuccessful Cure” Provision Did Not Apply
The Title Insurance Law Newsletter, December 18, 2011 - Preserving National Historic Treasures
Masonry Magazine, November 18, 2011 - A Landlord’s Duty to Mitigate in The District Of Columbia, Maryland and Virginia
Commercial Leasing Law and Strategy, Volume 24, Number 4, October 1, 2011 - EPA Storm Water Regulations – Potential Impediment to Development
AIA Northern Virginia News, September 1, 2011 - Virginia Plays TDR Catch-Up
OnSite Magazine, August 1, 2011 - Transferable Development Rights: Now in Action in Arlington
Commonwealth Contractor, May 1, 2011 - The Drafting of Property Settlement Agreements: DeMayo v. DeMayo – A Cautionary Tale
The Fee Simple, May 1, 2011 - Title Insurer’s Duty to Defend Addressed in Several Court Cases
Title News, American Land Title Association, March 18, 2011 - The Legal Impact of Green Codes
AIA Northern Virginia News, January 28, 2011 - How to Defend Avoidance Actions in Bankruptcy Litigation
The Practical Real Estate Lawyer, January 18, 2011 - Top 10 Claims for 2009
Virginia Land Title Association Examiner, Volume 16, Number 1, December 1, 2010 - Practice as a LEED Accredited Professional
Virginia Lawyers Weekly, May 1, 2010 - How Not to Get Sued
AIA Northern Virginia News, March 1, 2010 - Mortgage Purchaser Can’t Hold Title Insurer Liable for Fraudulent Conspiracy Between Originating Lender and Settlement Agent
Title Insurance Law Newsletter, February 18, 2010 - New RESPA Rules Impact Loan Quotes and the Settlement Statement
VLTA Examiner, Volume 15, Number 2, July 1, 2009 - Recouping Losses Due to Settlement Agent Wrongdoing
Litigation Commentary & Review, June 1, 2009 - Averting Foreclosure with a Deed-in-Lieu
Virginia Builder, May 1, 2009 - Court Dismisses Foreclosure Rescue Suit Against Title Insurers
The Title Insurance Law Newsletter of the Land Title Industry Litigation News & Comment, December 18, 2008 - The Effect of Electronic Filing of Cover Sheets in Virginia
The Fee Simple, November 1, 2007 - Court Rules Title Insurer Must Defend Trespass Suit
E-Dirt, The Latest Information in Real Estate Law, Issue 2004.1, April 19, 2004 - Know Your Entity: How to Reduce Risks When Insuring Titles Granted by Corporations, Other Legal Entities, Trustees and Churches (Part Two)
VTLA Examiner, Volume 7, Number 1, June 1, 2001 - The Law of Closing Protection Letters
Tort and Insurance Law Journal, Volume 36, Number 3, April 18, 2001 - How Bankruptcy Affects Real Estate Titles and Bankruptcy Risks Covered by Title Insurance
Title Insurance Litigation Committee Spring Meeting, March 18, 2001
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Blogs
- What to Expect When You’re Inspecting
Real Estate, Land Use & Construction Law, Wednesday December 11, 2024 - Powering the Future: Data Centers, Energy Innovation, and Economic Growth
Real Estate, Land Use & Construction Law, Monday December 9, 2024 - Understanding Proffers in Land Development: A Balanced Perspective
Real Estate, Land Use & Construction Law, Tuesday December 3, 2024 - How Zoning Policies Shape Data Center Development in Northern Virginia
Real Estate, Land Use & Construction Law, Thursday November 7, 2024 - Amazon’s Return-to-Office Mandate: What It Means for Northern Virginia’s Real Estate Market
Real Estate, Land Use & Construction Law, Friday October 18, 2024 - Unlock Development Opportunities with Fairfax County’s 2025 SSPA Plan Amendment Process
Real Estate, Land Use & Construction Law, Tuesday September 10, 2024 - Zoning Laws in Focus: Understanding the Arlington County Missing Middle Housing Policy Dispute
Real Estate, Land Use & Construction Law, Friday August 2, 2024 - Data Center Shake-Up: New Rules and Hotspots in Virginia
Real Estate, Land Use & Construction Law, Wednesday July 17, 2024 - The Nerve Centers of Apple Intelligence: Data Centers Driving AI
Real Estate, Land Use & Construction Law, Tuesday June 18, 2024 - Critical Contract Terms for Construction in 2024: Legal Strategies for Navigating Uncertain Economic Waters
Real Estate, Land Use & Construction Law, Monday May 20, 2024 - Embracing the Future: The Role of Data Centers in Virginia’s Economic and Technological Landscape
Real Estate, Land Use & Construction Law, Wednesday May 1, 2024 - Navigating Second-Order Economic Impacts on Construction: Strategic Legal Insights for 2024
Real Estate, Land Use & Construction Law, Tuesday April 30, 2024 - Arlington County’s Strategic Response to Rising Office Vacancy Rates
Real Estate, Land Use & Construction Law, Monday April 29, 2024 - Economic Dynamics and Risk Management in Construction: A Legal Perspective for 2024
Real Estate, Land Use & Construction Law, Wednesday April 24, 2024 - Navigating the 2024 Construction Market in Washington, DC – A Sector-by-Sector Analysis
Real Estate, Land Use & Construction Law, Friday April 19, 2024 - Safeguarding Your Construction Business Against Third-Party Bankruptcy
Real Estate, Land Use & Construction Law, Tuesday April 9, 2024 - The Data Center Boom in Prince William County: Growth, Challenges, and Community Impact
Real Estate, Land Use & Construction Law, Thursday April 4, 2024 - Navigating “Pay-if-Paid” and “Pay-when-Paid” Clauses in DC, Virginia, and Maryland: A Guide for Construction Professionals
Real Estate, Land Use & Construction Law, Tuesday February 27, 2024 - “Parking Reimagined”: A Fresh Approach to Modernizing County Parking
Real Estate, Land Use & Construction Law, Thursday October 19, 2023 - “Plan Langston Blvd” to Reach County Board in November
Real Estate, Land Use & Construction Law, Friday October 13, 2023 - Arlington County Releases Langston Boulevard Area Plan
Real Estate, Land Use & Construction Law, Wednesday July 5, 2023 - What Contract Terms are Legally Required for Virginia Residential Contracting Projects?
Real Estate, Land Use & Construction Law, Monday July 3, 2023 - Virginia Supreme Court Voids Fairfax County’s New Zoning Ordinance
Real Estate, Land Use & Construction Law, Friday March 24, 2023 - Prince William County – The Digital Battlefield
Real Estate, Land Use & Construction Law, Thursday August 4, 2022 - The Missing Middle
Real Estate, Land Use & Construction Law, Friday July 1, 2022 - Parking Reimagined – Changes to Fairfax County’s Parking Requirements
Real Estate, Land Use & Construction Law, Monday June 27, 2022 - Potential Pitfalls to Buying Old Condos with HOAs
Real Estate, Land Use & Construction Law, Thursday June 16, 2022 - Plan Langston Boulevard – A Lesson in Smart Planning: Encouraging Investment and Development in Arlington
Real Estate, Land Use & Construction Law, Thursday June 16, 2022 - Changes to Fairfax County’s Site-Specific Plan Amendment Process
Real Estate, Land Use & Construction Law, Monday June 13, 2022 - Updates and Suggestions: Business Interruption Insurance
Real Estate, Land Use & Construction Law, Thursday March 26, 2020 - Force Majeure in Commercial Leases: Doctrine of Impossibility and Business Interruption Insurance
Real Estate, Land Use & Construction Law, Wednesday March 18, 2020 - How is the Local Office Leasing Market Doing a Year After the Amazon HQ2 Announcement?
Real Estate, Land Use & Construction Law, Thursday January 16, 2020 - Five Things to Consider When Leasing to a Restaurant Tenant
Real Estate, Land Use & Construction Law, Tuesday July 16, 2019 - Timing IS Everything When Investing in Qualified Opportunity Funds
Business Insights, Monday June 10, 2019 - Guaranty of Leases: Landlords and Tenants – Part 2
Real Estate, Land Use & Construction Law, Wednesday May 22, 2019 - Guaranty of Leases: Landlords and Tenants – Part 1
Real Estate, Land Use & Construction Law, Thursday May 16, 2019 - Opportunity Funds are Knocking: Let them in and Learn How They Can Work for You – What Are the Tax Incentives and What Investors Need to Know
Business Insights, Thursday August 9, 2018 - Arlington County Board Passes New Zoning Ordinance Amendment on Size of Signs
Real Estate, Land Use & Construction Law, Friday June 30, 2017 - Arlington County Board Approves 1.2mm SF of Mixed-Use Development in West Rosslyn
Real Estate, Land Use & Construction Law, Monday March 27, 2017 - New Owner-Occupancy Rules for Condominium Developments
Real Estate, Land Use & Construction Law, Friday November 4, 2016
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Reported Cases
- Flick Mortg. Investors, Inc. v. Chi. Title Ins. Co., No. 3:09CV125-MR-DSC, 2009 U.S. Dist. LEXIS 127187 at *1 (W.D.N.C. June 18, 2009)
- Mercantile-Safe Deposit & Trust Co. v. Chi. Title Ins. Co., No. CCB-05-2217, 2006 U.S. Dist. LEXIS 65428 at *1 (D. Md. Aug. 30, 2006)
- Twin Towers Plaza Tenants Ass’n v. Capitol Park Assocs., L.P., 894 A.2d 1113 (D.C. 2006)
- Estate of Patterson v. Sharek, 924 A.2d 1005 (D.C. 2007)
- Dysart v. Sunnyside Dev., LLC, 73 Va. Cir. 210 (2007)
- Ortiz v. Flattery, 63 Va. Cir. 309 (2003)
- Crosby v. First Bank, 77 F. Supp. 2d 1 (D.D.C. 1999)
- Family Fed. Sav. & Loan v. Davis (In re Davis), 172 B.R. 437 (Bankr. D.D.C. 1994)
- Gallimore v. Washington, 666 A.2d 1200 (D.C. 1995)
- Noor v. Centreville Bank, 193 Md. App. 160 (2010)
- Mega Int’l Commerce Bank v. MCAP Capital, L.L.C., 74 Va. Cir. 132 (2007)
- Mercantile-Safe Deposit & Trust Co. v. Chi. Title Ins. Co., No. CCB-05-2217, 2007 U.S. Dist. LEXIS 23685 at *1 (D. Md. Mar. 20, 2007)
- Sport & Health Co. v. Club Props. Co., No. 98-628, 1999 Va. Cir. LEXIS 563 at *1 (Apr. 27, 1999)
- Roy J. Bucholtz, P.C. v. Computer Based Sys., 255 Va. 349 (1998)
- Matrix Mech. Corp. v. Harrison, Nos. 2068-96-4; 2069-96-4, 1997 Va. App. LEXIS 176 at *1 (Mar. 25, 1997)
- M & R Inv. Co. v. Fitzsimmons, 484 F. Supp. 1041 (D. Nev. 1980)
- SUP# PLN2007-00354, Baywood Hotels – Balls Ford Road
- Wilson v. Moir (In re Wilson), 359 B.R. 123 (Bankr. E.D. Va. 2006)
- Quality Properties v. Trump, 2012 U.S. Dist. Lexis 115225 (W.D. Va. 2012)
- Smith v. Miller & Smith, 2011 Va. Cir. Lexis 186 (Fairfax Cir. Ct. 2011)
- 16th & K Hotel, LP v. Comm. Land Title Ins. Co., 2011 U.S. Dist. Lexis 85243 (D.D.C. 2011)
- GMAC v. Flick Mortgage Investors, Inc., 2010 U.S. Dist. Lexis 53595 (W.D.N.C. 2010)
- SE #2012-DR-003, TD Bank, N.A. – Old Dominion – Dranesville Magisterial District
- Rezoning # PLN 2007-00239, Baywood Hotels – Potomac Mills – Occoquan Magisterial District
News
- Philip “Uri” Pasternak, Daniel J. Perszyk and Jordan R. Reed Join Bean, Kinney & Korman
Friday December 20, 2024 - Bean, Kinney & Korman Named a 2025 “Best Law Firm” for Fourteenth Consecutive Year
Tuesday November 12, 2024 - Vincent J. Keegan and Eve M. Grobowski Join Bean, Kinney & Korman
Monday September 16, 2024 - Bean, Kinney & Korman Named a 2024 “Best Law Firm” for Thirteenth Consecutive Year
Thursday November 2, 2023 - Six Bean, Kinney & Korman Attorneys Named in the Washingtonian’s 2022 Top Lawyers List
Monday November 28, 2022 - Bean, Kinney & Korman Named a 2023 “Best Law Firm” for Twelfth Consecutive Year
Thursday November 3, 2022 - Andrew W. Gregg Joins Bean, Kinney & Korman
Tuesday May 17, 2022 - Bean, Kinney & Korman Named a 2022 “Best Law Firm” for Eleventh Consecutive Year
Thursday November 4, 2021 - Bean, Kinney & Korman Represents Finley Asphalt in a Transaction with Shoreline Equity Partners
Friday July 2, 2021 - County Board Approves Red Top Cab Project Amendments
Tuesday June 15, 2021 - Contracts for Contractors
TRUSTED ADVISOR PODCASTS BY THE IROQUOIS GROUP • EPISODE 59, Tuesday March 16, 2021 - Charles (Chas) McAleer, Dean Luo and Harrison Clinton Join Bean, Kinney & Korman
Friday February 12, 2021 - Bean, Kinney & Korman Named a 2021 “Best Law Firm” for Tenth Consecutive Year
Thursday November 5, 2020 - John Kelly was quoted within article: Inside the hardball legal tactics retail landlords are using against tenants
The Real Deal, Thursday July 23, 2020 - Timothy Dugan Elected 2020‑2021 Chair of the Real Property Section Council of the Maryland State Bar Association
Thursday May 21, 2020 - Timothy Dugan Joins Bean, Kinney & Korman as a Shareholder
Wednesday October 16, 2019 - David S. Houston Joins Bean, Kinney & Korman as a Shareholder
Wednesday February 13, 2019 - Bean, Kinney & Korman Attorneys Win Virginia Supreme Court Appeal Involving Local Taxation of Transferable Development Rights
Monday January 9, 2017 - Lori Murphy Presented an Update on Proposed Great Falls TD Bank
Alexandria Gazette Packet, Tuesday June 11, 2013 - Attorney James Bruce Davis’ Article Cited in Recent Maryland Court of Special Appeals Opinion
Friday March 9, 2012 - Bean, Kinney & Korman Represents Winning Defendant DeMayo in a Case Involving A Complicated Property Settlement Agreement
Monday April 4, 2011 - Timothy Hughes featured in “No Word Yet From JBG After Judge Dismisses Convention Hotel Lawsuit”
Washington Business Journal, Tuesday March 30, 2010 - Arlington Law Firm Puts a Focus on Supporting Energy-Efficient Design
Sun Gazette, Sunday May 10, 2009 - Arlington Circuit Court Dismisses Lawsuit Challenging Arlington County Board’s Approval of Views at Clarendon
Wednesday July 11, 2007
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Events
- Spotlight on Richmond Highway
Alexandria, VA, Tuesday, December 10, 2024 - Title Law in Virginia
Online, Friday, September 15, 2023 - Basics of Real Estate Transactions Series – Zoning and Land Use
Online, Tuesday, May 2, 2023 - Future of Arlington County – Exploring New Development Opportunities in the Rosslyn-Ballston Corridor and Beyond
Thursday, July 21, 2022 - Creative Approaches to Increasing the Housing Supply
online, Wednesday, October 20, 2021 - Land Use Institute 2021
online, Tuesday, October 5, 2021 - Investing in Richmond Highway
Online, Wednesday, May 19, 2021 - Renegotiating Office Leases in a Work-From-Home World: Contract, Common Law, Context Issues, Standstill Agreements
Online, Tuesday, December 8, 2020 - Negotiating and Drafting Secured Real Estate Finance Transactions
Online, Thursday, November 5, 2020 - Shared Workspace Leases in Wake of COVID-19: Risk Mitigation, Insurance, Negotiating Key Provisions
Online, Thursday, July 16, 2020 - ULI Washington, D.C. Young Leaders Presentation “Northern Virginia Land Use”
Monday, May 25, 2020 - Comparative Zoning and Land Use Laws in Northern Virginia and Suburban Maryland
University of Maryland, Monday, May 25, 2020 - Future of Arlington County
Arlington, VA, Thursday, November 14, 2019 - 2019 Advanced Real Property Institute
Columbia, MD, Thursday, November 7, 2019 - Maryland State Bar Association Land Use Institute: “Recent Federal and State Land Use Court Decisions”
Saturday, May 25, 2019 - Transferable Development Rights – What They Are and Why You Need to Know
Bean, Kinney & Korman, Friday, January 27, 2017 - “Lunch With…Metro General Manager and CEO Richard Sarles and Arlington County Board Member Mary Hynes”
Navy League Building, 2300 Wilson Blvd., Arlington, VA 22201, Monday, August 5, 2013 - Raighne Delaney presents at a Northern Virginia Association of Realtors meeting.
Wednesday, March 13, 2013 - 3rd Annual Rosslyn-Ballston Corridor Summit
Renaissance Arlington Capital View Hotel in Arlington, Virginia, Thursday, May 31, 2012
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