Bean, Kinney & Korman, P.C.

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Real Estate

Sophisticated Commercial Real Estate Counsel for Property, Transactions & Disputes

Real estate transactions and property management are at the heart of many business strategies — whether acquiring commercial space, leasing property, financing development, resolving disputes, or preserving value in distressed situations. Legal guidance that understands both the contractual complexity and market realities of commercial real estate is essential to long-term success.

Bean, Kinney & Korman provides sophisticated commercial real estate legal services to property owners, developers, investors, landlords, tenants, lenders, borrowers, and businesses throughout Maryland, Virginia, and the Washington, D.C. region. We help clients navigate every phase of the real estate lifecycle — from negotiation and due diligence to closing, dispute resolution, and enforcement.

Our attorneys combine transactional precision with litigation experience, ensuring our clients are protected in both proactive planning and reactive dispute contexts.

Core Real Estate Practice Areas

Commercial Landlord-Tenant

Representation in disputes and negotiations involving commercial leases — from rent and possession controversies to use clause conflicts and eviction defense.

Commercial Leasing

Drafting, reviewing, and negotiating office, restaurant, retail, and industrial lease agreements for landlords and tenants alike — from major headquarters transactions exceeding 100,000 square feet to smaller subleases and retail anchor tenant deals.

Commercial Real Estate Transactions

Guidance on acquisition, sale, financing, and joint venture structuring for commercial property — including due diligence, contract drafting, and closing coordination.

Distressed Debt & Real Estate Workouts

Strategic counsel for lenders and borrowers in distressed real estate situations — including loan restructuring, workouts, compelling creditor enforcement, and value preservation.

Real Estate Financing

Legal support for commercial real estate financing, including mortgages, secured transactions, loan documentation, and lender/borrower negotiations for national, local, and community banks, life insurance companies, private lenders, and borrowers in large and small loan transactions.

Foreclosure

Representation in foreclosure proceedings — whether enforcing secured interests or defending against foreclosure actions, including lender liability analysis and enforcement strategy.

Why Legal Counsel Matters in Real Estate

Real estate law intersects multiple areas of legal risk:

  • Contract interpretation and enforcement
  • Title, survey, and easement issues
  • Risk allocation in lease and purchase agreements
  • Financing obligations and collateral/perfection strategy
  • Regulatory and zoning compliance (e.g., permits, entitlements)
  • Dispute resolution and litigation readiness

Experienced counsel helps you anticipate and manage these risks while protecting value and project certainty.

Who We Represent

Our Real Estate practice serves:

  • Commercial property owners
  • Real estate developers and investors
  • General partners and joint ventures
  • Commercial landlords and tenants
  • Franchise and multi-location operators
  • Construction and development firms
  • National, local, and community banks, life insurance companies, private lenders, and borrowers
  • Government contractors with property obligations

We customize legal solutions to the strategic goals and risk tolerance of each client.

Industries Served

We advise clients in industries where commercial property plays a central role, including:

  • Commercial real estate and development
  • Retail and franchise operations
  • Office and professional services
  • Healthcare and institutional facilities
  • Hospitality and mixed-use projects
  • Financial services, lending, and borrower-side real estate finance
  • Industrial and logistics facilities
  • Government contracting and leased facilities

This industry insight enhances transaction design and dispute strategy.

Real Estate FAQs

What is commercial real estate law?

Commercial real estate law governs the acquisition, financing, leasing, management, and disposition of non-residential property. It also includes dispute resolution when conflicts arise over contracts, possession, or property rights.

Do tenants need legal counsel for lease negotiations?

Yes. Commercial leases often contain complex clauses governing use, rent escalation, repairs, insurance, and termination. Counsel ensures that obligations and risks are clearly defined and manageable.

What is due diligence in a real estate transaction?

Due diligence includes reviewing title, surveys, environmental assessments, zoning compliance, leases, financial obligations, and contractual risks. Thorough due diligence helps uncover issues that could affect property value or use.

What does foreclosure involve?

Foreclosure is the legal process by which a secured lender enforces its rights against collateral when a borrower defaults. Legal counsel can assist in initiating foreclosure or defending against it, depending on the client’s position.

What are real estate workouts?

Real estate workouts are negotiated solutions in distressed situations — such as loan modification, forbearance, or restructuring — designed to preserve value, maintain operations, and avoid costly litigation or foreclosure.

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Representative Matters

16th & K Hotel, LP v. Comm. Land Title Ins. Co., 2011 U.S. Dist. Lexis 85243 (D.D.C. 2011)

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Crosby v. First Bank, 77 F. Supp. 2d 1 (D.D.C. 1999)

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Dysart v. Sunnyside Dev., LLC, 73 Va. Cir. 210 (2007)

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Estate of Patterson v. Sharek, 924 A.2d 1005 (D.C. 2007)

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Family Fed. Sav. & Loan v. Davis (In re Davis), 172 B.R. 437 (Bankr. D.D.C. 1994)

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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)

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Gallimore v. Washington, 666 A.2d 1200 (D.C. 1995)

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GMAC v. Flick Mortgage Investors, Inc., 2010 U.S. Dist. Lexis 53595 (W.D.N.C. 2010)

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Matrix Mech. Corp. v. Harrison, Nos. 2068-96-4; 2069-96-4, 1997 Va. App. LEXIS 176 at *1 (Mar. 25, 1997)

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Mega Int’l Commerce Bank v. MCAP Capital, L.L.C., 74 Va. Cir. 132 (2007)

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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)

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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)

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M & R Inv. Co. v. Fitzsimmons, 484 F. Supp. 1041 (D. Nev. 1980)

Trial co-counsel and drafted the substantive motions and trial related pleadings where the trustees of a multi-employer pension fund prevailed in a suit by a disappointed borrower because the loan would have constituted a prohibited transaction under ERISA.

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Noor v. Centreville Bank, 193 Md. App. 160 (2010)

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Ortiz v. Flattery, 63 Va. Cir. 309 (2003)

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Quality Properties v. Trump, 2012 U.S. Dist. Lexis 115225 (W.D. Va. 2012)

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Rezoning # PLN 2007-00239, Baywood Hotels – Potomac Mills – Occoquan Magisterial District

Served as attorney for the Baywood Hotels – Potomac Mills project to develop a hotel known as the SpringHill Suites. The new hotel was reviewed and approved by Prince William Board of County Supervisors on June 5, 2007. The project is an 80-room high-rise hotel made possible by the rezoning of 1.92 acres from A-1 Agricultural to O(H) Office High-Rise. The new hotel is located off of Interstate 95 and Prince William Parkway in Prince William County.

Roy J. Bucholtz, P.C. v. Computer Based Sys., 255 Va. 349 (1998)

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SE #2012-DR-003, TD Bank, N.A. – Old Dominion – Dranesville Magisterial District

Smith v. Miller & Smith, 2011 Va. Cir. Lexis 186 (Fairfax Cir. Ct. 2011)

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Sport & Health Co. v. Club Props. Co., No. 98-628, 1999 Va. Cir. LEXIS 563 at *1 (Apr. 27, 1999)

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SUP# PLN2007-00354, Baywood Hotels – Balls Ford Road

Served as attorney for the Baywood Hotels – Ball Ford Road project to develop a hotel known as the TownePlace Suites. The new hotel was reviewed and approved by Prince William Board of County Supervisors on June 20, 2007. The project is a mid-rise hotel on 2.0 acres, zoned B-1. The new hotel is located off of Balls Ford Road just south of Highway 66 and 1,800 feet east of the intersection of Balls Ford Road and Sudley Road. A relevant issue in this case was the hotel’s impact on the viewshed of the Manassas Battlefield.

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Twin Towers Plaza Tenants Ass’n v. Capitol Park Assocs., L.P., 894 A.2d 1113 (D.C. 2006)

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Wilson v. Moir (In re Wilson), 359 B.R. 123 (Bankr. E.D. Va. 2006)

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