Real Estate
You know real estate. Your attorneys should too.
“Michael and his team have helped us with various real estate transactions. They are a pleasure to work with, and not only are they best, but they also provide fast, competent service. The Rabb firm practices law the right way!”
The Rabb Law Firm, based in Bozeman, Montana, prides itself on its trustworthy, professional real estate practice group. Our competitive edge in real estate law is two-fold. First, our attorneys and staff members bring years of practical experience from the institutions and professions that work in real estate every day. Second, our firm’s other core practice areas are the areas of law that most frequently arise in tandem with real estate property law.
Our firm is tailored to provide real estate representation throughout the Mountain West, including Montana, Wyoming, and Colorado.
Real Estate
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Real Estate Development
Real estate development, like stocks or bonds, is an investment. Landowners and developers expect a return on their investment. Unlike other investments, real estate allows you to borrow against the cost of acquiring and constructing property—using leverage to potentially earn more than the cost of the loan.
Financing is Key
Most property developments rely on financing at some point, whether a long-term mortgage or a short-term construction loan. The type, purpose, and terms of the loan directly affect the rate of return on your investment.
Navigating Laws and Regulations
Development in Montana, Wyoming, Colorado, and other western states is heavily regulated. Your project may be subject to:
Subdivision laws
Land use regulations
Building codes
Environmental regulations, such as the Montana Environmental Policy Act (MEPA)
How We Can Help
Legal guidance on financing and leverage
Compliance with land use, subdivision, and environmental laws
Contract review, negotiation, and enforcement
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Covenants and zoning regulations are common ways for private citizens and government bodies to set rules for property use and obligations. They are sometimes confused with bylaws, which usually govern the operation of a company or homeowners association (HOA) and may accompany covenants in the public record.
Unfortunately, covenants are often treated as an afterthought. Many are copied without consideration—sometimes even from other states—creating unnecessary problems for homeowners and developers.
We encourage developers to view thoughtfully written covenants and HOAs as a marketing tool that can enhance property values. Prospective buyers should review these rules early, and associations should revisit them regularly to ensure they continue to meet the needs of the community.
How We Can Help
Draft, clarify, and enforce covenants and zoning regulations
Review and interpret HOA bylaws and rules
Advise developers on creating covenants that protect and enhance property value
Assist prospective buyers in understanding encumbrances before purchase
Update and revise HOA documents to meet the community’s current needs
Litigate disputes related to covenants, zoning, and HOA rules
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Real estate attorneys at The Rabb Law Firm represent financiers, businesses, and associations regarding their security interests in real estate property. When it becomes necessary to collateralize an obligation, our attorneys understand that you will need to do so quickly. Our attorneys can draft, record, and enforce security instruments such as liens, trust indentures, and mortgages.
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Easements are a part of everyday life. Your power, internet, water, roads, and even certain views often rely on easement rights. While common, easements can become complicated and have long-term impacts on property use and value.
Our attorneys help clients create, understand, and resolve easement issues throughout Montana, Wyoming, and Colorado. Because easements typically outlast individual property owners, addressing them carefully can prevent costly disputes in the future.
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The Rabb Law Firm’s real estate practice group regularly assists clients with drafting, reviewing, and revising purchase and sales transactions. The Rabb Law Firm provides representation in negotiations, due diligence and transaction management.
Our representation specifically includes:
Drafting and negotiating Purchase and Sale Agreements (buy-sell agreements)
Examining contingency timelines and removal
Performing due-diligence and property research
Satisfying disclosure requirements
Drafting deeds and related agreements
Coordinating with escrow, title, and financing companies to ensure the entire transaction goes smoothly
Residential Leases
Whether you are new to renting property or an experienced manager, having an attorney to provide guidance and timely solutions can improve efficiency, reduce legal risks, and protect your investment.
Our Services
Leases and amendments
Notice requirement compliance
Evictions
Actions for possession
Deposit disputes
Emotional support animal claims
And many other legal requirements associated with renting real property
Commercial Leases
Commercial leases involve far more costs, risks, and long-term obligations than residential leases. Lease obligations—especially long-term agreements—can directly affect the value of your business or property.
Our Services
Draft, review, and execute commercial leases
Negotiate lease terms to protect your interests
Perform due diligence on leased properties
Enforce lease agreements and resolve disputes
It’s common for landlords and tenants to sign leases without fully negotiating terms that could better protect them. Our attorneys have prepared, negotiated, and enforced numerous commercial lease agreements across Montana and the western United States.
Manufactured Home Communities
In Montana, Wyoming, Colorado, and other western states, mobile and manufactured home laws are different from standard residential laws. The Rabb Law Firm represents multiple communities across Montana, assisting with:
Evictions and abandoned property procedures
Community rules and lease agreements
Repossession of mobile homes
Other legal matters unique to mobile and manufactured homes
Our attorneys understand the complexities of this area of law and can help navigate the challenges communities and homeowners face.
Ranch Sales in Montana, Wyoming & Idaho
Farm and ranch property sales and acquisitions are a unique type of transaction which we are fortunate to participate in. These real estate transactions involve significant due diligence that is unique to the operation and profitability of agricultural property. Many times, agricultural sales also involve niche areas of law such as estate planning for farmers and ranchers, or 1031 exchanges. We are uniquely equipped to help you navigate a farm or ranch transaction, and we encourage you to contact us so we can discuss your specific goals and legal needs.