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John T. Kontrabecki

John T. Kontrabecki

Commercial Real Estate Mediator, Advisor and Transactional Consultant
  • Arbitration & Mediation, Real Estate Law, Construction Law ...
  • California, Illinois
Claimed Lawyer ProfileQ&ASocial Media
Biography

Accomplished attorney and financier with over 30 years of experience advising companies in commercial real estate transactions, including legal entity formation, joint ventures, property acquisitions and sales, due diligence, land use planning and entitlements, secured and unsecured financing, construction contracts, litigation and arbitration.

Transaction oriented with significant experience in a wide range of commercial contracts, including reviewing, drafting and negotiating joint venture agreements, development agreements, construction contracts, public utility agreements (including service design, installation and power purchase), vendor agreements, service contracts, operation and maintenance agreements, real estate leases, secured and unsecured financing loan agreements, etc. Adept at working collaboratively and effectively with business principals and counsel on large scale real estate development projects to review relevant legal issues and to facilitate transactions to completion.

Skilled in business entity governance and general corporate matters, including entity formation and dissolution, corporate restructuring, planning and conducting shareholder meetings, drafting and maintaining corporate records and preparing required governmental filings.

Strong experience in both domestic and international real estate financing transactional practice. Extensive financing deal structuring and due diligence experience including reviewing and evaluating contracts, assessing property rights, determining necessary consents and notices, reviewing and negotiating closing documents and managing closings.

Adept at banking and financing matters, including reviewing and negotiating standard documentation for secured and unsecured lending transactions, including project financing, operating lines of credit secured by collateralized asset pools and municipal financing for infrastructure improvements.

Accomplished mediator.

Education
Cornell University
MBA (1977) | Finance and accounting
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Cornell University
J.D. | Business law
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Cornell University
B.A. (1973) | Government, history and economics
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Professional Experience
President and General Counsel
TKG International
- Current
Founder, president and general counsel of commercial real estate investment, development and consulting firm.
Chief Financial Officer
Berg & Berg Developers
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CFO of Silicon Valley Based Industrial Real Estate Development Company.
Vice President
Wells Fargo Bank
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Real Estate Industries Group financier.
Associate Attorney
Locke Lord Bissell & Liddell LLP
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Real estate practice including land use planning, construction and secured financing.
Certifications
Real Estate Broker
California Department of Real Estate
Professional Associations
State Bar of California  # 95398
Member
Current
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Cornell Real Estate Council
Member
- Current
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Illinois State Bar Association
Member
- Current
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NAIOP
Member
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Urban Land Institute
Member
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American Bar Association
Member
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Jurisdictions Admitted to Practice
California
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Illinois
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Fees
  • Free Consultation
  • Contingent Fees
Practice Areas
    Arbitration & Mediation
    Business Arbitration, Consumer Arbitration, Family Arbitration
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Additional Practice Area
  • Land Use Law
Languages
  • English: Spoken, Written
Legal Answers
Q. Do I have to give back property that has been quit claimed to me?
A: This is a potentially messy one. The first question I need to ask is what is the reason he will say he transferred the title to you? You write that he stated on the top of the deed "In dissolution of our marriage." This looks like a property settlement as a result of a divorce. If that is the case, then you are not a trustee. Since he collected the rents and kept them as his own property past marriage and he paid the taxes, it looks to me like he transferred title while keeping an interest in the income from the property.
Q. Can an owner sell property if his deed has been presented for registration but is not yet actually registered?
A: Technically yes but you are running the risk of creating a title defect. It is easy to record a transfer. Go down to the county recorders office, pay a small fee, and the recorder will record it in the land title records. Do it first, then convey title. You should also get title insurance for the party receiving title upon transfer.
Q. Can we cancel purchase agreement and get our earnest deposit back?
A: No, purchasing "as is" dues not automatically remove an inspection contingency. You need to read your contract carefully. Purchasing "as is" means that upon closing, there are no representations or warranties on the condition of the property. Listing a property "as is" does not remove the inspection contingency that is commonly found in residential purchase and sale agreements. The inspection contingency usually has a time limit for completing inspections. It also has either an automatic approval if not disapproved or automatic disapproval if not formally approved. You can figure this out by reading your contract carefully.
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Social Media
Websites & Blogs
Website
Contact & Map
PO Box 29263
San Francisco, CA 94129
Telephone: (415) 416-6860