Estate Planning: Don’t Leave Your Family Without It


Our Real Estate Department negotiates and documents sophisticated real estate matters, including sales and acquisitions, financing, construction and development, retail, office and industrial leasing, property management and multi-party, tax-deferred exchanges. While we frequently represent clients in matters having a high dollar value, we take special pride in providing representation in smaller matters commonly sought by individual clients, with comparable diligence and efficiency.

Our firm's real estate practice includes representation of developers, investors, joint venturers, landlords, tenants and lending institutions in diverse real estate transactions.

ACQUISITIONS & SALES
We handle the purchase and sale of many different types of real estate, including negotiation of financing documents and documentation of tax-deferred exchanges. Our expertise includes:

  • Shopping centers, industrial and office developments, multi-family residential projects and residential developments;
  • Review of title, survey, environmental and zoning issues; review and summarizing of leases and other due diligence aspects of a purchase or sale transaction; and
  • Structuring joint venture, tenancy in common and other joint ownership arrangements.

COMMERCIAL LEASING
We represent owners, managers and tenants in connection with all types of leasing and subleasing transactions (including ground, air rights and net leasing) for office buildings, shopping centers, manufacturing, warehouse and retail facilities.

Our services include:

  • Lease negotiation and documentation for commercial, industrial and office properties;
  • Development of standard lease forms for office and retail projects;
  • Negotiating ground leases with attention to the requirements of leasehold mortgagees; and
  • Preparing sub-leases, lease extensions, amendments that either expand or reduce tenants’ space, and lease termination agreements.

CONSTRUCTION AND DEVELOPMENT
Our Real Estate Department represents developers and lenders in the development, redevelopment and expansion of retail, office and industrial properties.

Our experience includes:

  • Negotiating and reviewing land and development loans, preparing construction financing documents, and structuring alternative financing arrangements;
  • Negotiating development agreements; and
  • Drafting and review of design and construction contracts with architects, contractors and consultants, management agreements and brokerage contracts.

REAL ESTATE FINANCING
We are experienced in representing institutional lenders and borrowers in complex real estate and project financings, including:

  • Raw land and commercial and industrial property acquisition, development and refinancing loans;
  • Residential tracts and common area development construction loans;
  • Industrial Development Agency bond financing; and
  • Leasehold financings.

TAX PLANNING
Our tax attorneys coordinate closely in Real Estate transactions. This expertise is frequently drawn upon when a real estate matter involves tax planning issues. Such issues may include formation of various business entities, including joint ventures, partnerships, corporations and limited liability companies; real property like-kind exchanges under Section 1031; and the purchase and sale of businesses involving real estate assets; tax issues that arise in real estate transactions, including purchases and sales, refinancing, debt cancellations and foreclosures

OTHER REAL ESTATE MATTERS
We provide representation in connection with condominium and cooperative housing transactions from the perspective of unit owners and developers, including the preparation and filing of offering plans and the representation of cooperative and condominium boards.

We negotiate brokerage agreements and litigate claims involving brokerage commissions.

We make applications to the City of New York for developers and commercial users seeking ICIP and other tax incentive programs.

DISPUTE RESOLUTION & LITIGATION
We frequently represent owners, tenants and lenders in real estate disputes. Our litigators are skilled in both alternative dispute resolution and the handling of trials at all stages. Our philosophy is to seek to achieve the client’s goals and objectives in the advocacy process in a cost-effective manner and to explore all avenues of dispute resolution whenever possible.

Our litigation attorneys have handled:

  • Prosecuting and defending claims regarding purchase and sale agreements, partnership disputes and dissolutions;
  • Lease disputes and evictions;
  • Mortgage foreclosures;
  • Title disputes and insurance coverage disputes;
  • Partition and ejectment;
  • Representation of borrowers and lenders in loan restructuring and work outs;
  • Renegotiating anchor leases or other key operating agreements pertaining to troubled projects; and
  • Representing creditors in bankruptcy proceedings, bringing “lift stay” applications and coordinating with bankruptcy counsel.

For more information, read this article from our newsletter:

 
 
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