Niz Law® is pleased to offer executive services for real estate industry businesses and associations on a fractional basis. As a member of the senior management team, the Chief Legal Officer plays a key leadership role and is responsible for the management and direction of legal and risk management matters. Key duties include providing general counsel, directing legal operations, performing contract review and due diligence, providing strategic direction, protecting intellectual property, and serving as corporate officer in corporate governance.
Essential Functions:
- Provide general counsel on matters that could result in legal action involving the company and attend executive team meetings. Work interdepartmentally to provide guidance on various legal matters, including risk management, insurance, human resources, and contract enforcement;
- Direct legal operations across internal teams and, when necessary, outside counsel. Seek and manage the most cost-efficient outside resources for the company. Manage litigation, claims, and regulatory investigations;
- Perform contract review for company contracts, including due diligence on company asset acquisitions, dispositions, management, and leasing;
- Provide strategic direction to the Chief Executive Officer, Board of Directors, and fellow executive team members in making strategic decisions for the organization;
- Protect intellectual property by registering and maintain all appropriate trademarks and copyrights and take appropriate action to stop infringement; and,
- Serve as Corporate Secretary and prepare board, executive committee and governance committee minutes. Oversee other governance matters and filings as needed.
Board Certification Matters | Choosing A Board-Certified Attorney
Established in 1974 by the Supreme Court of Texas, the Texas Board of Legal Specialization certifies attorneys in select areas of law based on substantive involvement, relevant experience, peer recommendation, continuing legal education, and passing a rigorous day-long exam. Consumers and organizations get the highest quality of legal services when working with Board Certified lawyers.
Board Certifications in Commercial & Residential Real Estate Law Cover:
- Acquisition, financing and disposition;
- Earnest money contracts and required seller notices;
- Business entity selection;
- Review of title commitment and survey, including endorsements, exceptions, requirements and objections;
- Due diligence issues, including zoning, environmental, land use restrictions, property condition, existing contracts, and rights of parties in possession;
- Government authority and regulation;
- Financing documents, including loan agreements, promissory notes, deeds of trust, security agreements, financing statements, assignment of rents, and guaranty agreements; usury issues;
- Environmental and other indemnity agreements;
- Third party assignments; options;
- Conveyance documents;
- Listing and brokerage agreements to buy, sell and lease;
- Section 1031 exchanges;
- Actions, remedies and defenses in actions concerning real property, including adverse possession and trespass to try title;
- Ad valorem taxes;
- Bankruptcy’s effect on pending contracts and leases;
- Construction contracts;
- Liens and lien priority, including mechanic’s and materialman’s liens, lien waivers and releases;
- Development, zoning and platting;
- Easements;
- Federal and state regulation of real estate, including the American with Disabilities Act;
- Foreclosures, including UCC Sales, deeds in lieu of foreclosure, loan workouts, and other lender remedies;
- Insurance and indemnities;
- Escrow agent liabilities and duties;
- Interests and estates in real property, including the effect of divorce and death;
- Power of attorney;
- Reservations versus exceptions to title;
- Homestead rights;
- Leases, landlord/tenant rights and responsibilities; management of property;
- Mineral rights and leasing;
- Premises liability;
- Property owner associations and entities;
- Restrictive covenants and other deed restrictions;
- Recording statutes, closing instructions;
- Water rights and classifications;
- Loan rights and remedies between borrowers, lenders, and guarantors;
- Statutes affecting real estate; and
- Consumer law/DTPA/fraud.
