Legal Services


 

Real Estate Deal Makers:

  • Property Acquisition, Management, and Disposition/Selling
    • Negotiate when needed, clarification and guidance on intricate “fine prints”, with a focus on maintaining a deal’s growth after the deal is done.
  • Brokerage Agreements & Disputes
    • After adding value to your property, make sure your broker adds value to the property’s sale with tailored brokerage agreements.
  • Construction Contracting
    • Ensure your construction contracts lay the proper foundation for your project. Get clarity and counsel on Guaranteed Maximum Price, lump sum, unit pricing, cost plus, cost-reimbursable, and alliance/integrated project delivery construction contracts and back to the basics analysis of RFPs, GCs, and SCs.
  • Corporate Tenant Representation
    • Vanilla boxes, built to suit, or sale-leasebacks, each company has unique lease requirements. Combine your company’s unique needs with unique counsel to take advantage of your company’s newly-leased, unique site.
  • Development Planning
    • Starting with site surveying, through pro formas, and up to your exit strategy, planning real estate developments is crucial to success.  Get a second set of eyes on your plans or a second mind to help plan your development.
  • Distressed Real Estate Transactions
    • Foreclosing isn’t the only option and sometimes may not be the best option.  Restructuring or recapitalizing can lead to unusually good results, including tax benefits and risk delegation.  For the savvy investor, acquiring non-performing notes, REO, OREO often means a lack of warranties and guarantees, find out how to hedge against inherent risks in those big-return investments.
  • Financing
    • How you lend or spend is dictated by your loan documentation.  Get counsel that can explain the terms on your loan documentation and advise which terms are missing.
  • Fund Formation & Private-Placement Memorandums
    • Your plan is in place and the sky’s limit for your investors.  Have your counsel draft blue-sky compliant securities so you and your investors can focus on your plan’s sky.
  • Leasing
    • Retail, Office, Industrial, and Multi-Family/Residential real estate differ greatly and so do their leases.  An effective lease highlights the important differences and includes clauses to account for unique risks and municipal regulations among the leasing of different property types.
  • Lender/Creditor Rights
    • Assigning rents doesn’t guarantee a return on investment, but exercising other rights in real estate agreements improves a lender’s ability to recoup on its participation in a real estate project.
  • Loan Workouts
    • Defaults vary in severity and there are varying options to cure most defaults.
  • Like-Kind (IRC 1031) Exchanges
    • With proper planning prior and after a sale of real estate, taxes on real estate sales can be deferred.
  • Litigation and Dispute Resolution
    • Consider the good and bad consequences of filing a lawsuit and finding alternative means to resolve a dispute.
  • Private Placement Memorandums
    • Some deals are too good not to share.  Ensure you share with security and compliance with local, state, and federal regulations.
  • Entity Structuring
    • Owning property necessitates considering the proper form to hold the property itself.
  • Public/Private Partnerships
    • Real estate developments require community use for success.  Local governments affect and can play a beneficial role in a project and even assist with the financing of a project through
  • Zoning and Land Use
    • Municipalities set development guidelines, experienced counsel can identify and properly guide your plans to fit or properly petition a municipality for a variance in the guidelines.

 

Corporate Organizers:

  • Bond Offerings
    • Bank on your company’s good name.  With stable income and a stable reputation, generate funds to expand via bond offerings.
  • Business Formation & Planning
    • Companies should be as unique as and tailored to your business.  Efficient business structuring leads to efficient company operations.
  • Business Counseling
    • Good business comes from choosing the right path when your business hits a fork in the road. Choose your business’s path with proper counsel.
  • Commercial Litigation
    • Effective litigating involves effective tactics.  Successful litigation requires strategic representation and a fine balance of force and finesse.
  • Corporate Finance
    • As your business grows so does its options to finance its growth.  To have truly effect finance counsel, your counselor should know of financing options for many types of business.
  • Corporate Entity Structuring
    • Form follows function and with proper form drafted by experienced counsel, your company’s functioning will be efficient and productive.
  • Corporate Governance
    • Balancing stockholder, management, and employee interests requires careful considerations.  Set up your company with more than limited liability
  • Joint Ventures
    • Some projects and businesses are better with two or more at the helm.  Take advantage of benefits in working with others in a form other than a partnership.
  • Licensing & Regulatory Compliance
    • Federal, State, and Municipalities regulate many business.  Effective counsel can identify regulatory requirements and advise with options to satisfy them.
  • Mergers and Acquisitions
    • Grow your business by purchasing and integrating other businesses into your own.  Beyond regulatory compliance and stock structuring, proper counsel can suggest methods to protect against unknown risks of the business you are merging with.
  • Private Placements & Securities Offerings
    • Providing investment opportunities requires care in disclosure and thorough regulatory compliance.
  • Reorganization/Restructuring
    • When a Plan B is better than the original, proper advisors can re-structure your business with minimal interruption to ongoing operations.
  • Sale & Leasebacks
    • Generate financing by tapping into equity with little disturbance to your business and maintaining your business headquarters.

 

Lender Solutions:

  • Asset Valuation
    • From BPOs to property class-specific, local cap-rate calculations, your counsel should be able to analyze the extent of your problem before recommending solutions.
  • Alternative Foreclosure Strategies
    • With more than deed in lieus, receiverships, and borrower recapitalization structures, there are many ways to recapture funds lent quickly and without long litigation waiting periods.
  • Construction Litigation
    • Proper planning can prevent costly mechanic lien surprises and deconstruction of your project
  • Due Diligence Considerations
    • A building and investment is only as strong as its weakest link.  Ensure safeguards are made and risks for each type of property and its use are reviewed before financing.
  • Foreclosure
    • When getting clear title with other competing lienholders is imperative or if your borrower is unwilling to work with foreclosure alternatives.
  • Loan Workouts
    • Continue to hold all the cards, maintain your security interest, and adjust your loan terms in order to help your investment succeed.
  • Non-Performing Note Sales
    • Selling rights under a non-performing note avoids some of the cost and risks associated with foreclosure, all the while immediately recouping lent funds.
  • Property Management
    • Craft management agreements tailored to the uniqueness of each property.  An effective management agreement manages itself, and puts proper property management on REO.
  • Receivership
    • Prevent losses from expanding beyond non-payment of a note by obtaining a property receiver to maintain, protect the value of, and collect rents from your secured property.