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Real Estate

The Real Estate Practice Group provides legal services for all aspects of sophisticated real estate investments. Our understanding of the real estate business and our ability to render expert legal advice in such a way as to advance the business goals of our clients allows them to complete transactions in a timely and efficient manner.

A major portion of the Real Estate Group’s practice falls within the following categories:

  • Acquisitions and Dispositions
  • Joint Ventures
  • Investments in Private Equity Funds
  • Private Equity Fund Formation and Administration
  • Financing
  • Leasing
  • Workouts, Restructurings and Foreclosures
  • Management and Development

The attorneys in our Real Estate Practice Group work closely with attorneys in the Firm’s tax, fund formation, securities, bankruptcy, ERISA, litigation and other practice areas, to bring the full resources of the Firm to bear in addressing the needs of our clients. Above all, we are committed to providing each of our clients with superior services in all legal matters.

Drawing on our extensive experience and industry contacts, we provide clients with practical and effective legal advice in connection with virtually all real estate asset types (including office, retail, industrial, multifamily and hospitality) located throughout the United States.

Acquisitions and Dispositions

The Real Estate Practice Group regularly represents clients in acquisitions and dispositions of real estate and real estate related assets (including debt and equity instruments) from start to finish, beginning with brokerage agreements, letters of intent, purchase and sale contracts and ending with closing documents. In connection with those transactions, we perform due diligence (including title, survey, leasing, environmental and zoning) and advise clients with respect to tax considerations (both income and transfer) and liability issues, including advice regarding appropriate ownership structures.

Joint Ventures

The Real Estate Practice Group routinely represents both operators and investors in connection with the creation and implementation of joint venture arrangements.  We have particular expertise with issues relating to capital funding mechanisms, management issues, exit strategies, and tax and ERISA structuring issues.

Investments in Private Equity Funds

We have extensive experience representing private and public pension funds, fund-of-funds, endowments and other institutions in connection with all phases of their investments in real estate private equity funds. Given our position as a market leader in the real estate investment fund market, we routinely deal with many of the significant real estate fund sponsors. This experience gives us unparalleled knowledge of market terms and helps us bring market clarity to the otherwise closed private investment marketplace.

Private Equity Fund Formation and Administration

We routinely represent sponsors in connection with a broad range of real estate investment vehicles. We provide advice to sponsor clients regarding fund structure, including securities, tax, regulatory, ERISA and tax-exempt and foreign investor issues. We prepare the operative documents and offering materials and negotiate their terms. In addition, our lawyers have experience with structuring fund management vehicles and regularly advise our sponsor clients on governance, regulatory and fiduciary issues.

Financing

The Real Estate Practice Group has extensive experience advising clients (as both borrowers and lenders) with respect to the financing of real estate and real estate related assets, including first and subordinate mortgage loans, construction loans, structured and mezzanine loans, subscription financing, and revolving credit lines. The Firm’s experience includes drafting and negotiating loan documents, intercreditor agreements, participation agreements and other similar arrangements, as well as the purchase and sale of debt instruments.

Leasing

The Group routinely handles space leases and ground leases on behalf of landlords and tenants, as well as various related documents, including brokerage agreements, guarantees, subleases, licenses, assignments, estoppels and SNDAs.

Workouts, Restructurings and Foreclosures

We regularly represent our clients as owners, lenders and other creditors in connection with the workout and restructuring of troubled real estate assets and transactions, including loan modifications, foreclosures, and deeds in lieu of foreclosure. In addition, we represent holders of notes and loan participations, and other investors and creditors, in connection with the restructuring and bankruptcy of public and private real estate companies (including REITS).

Management and Development

We often advise clients with respect to various management and development arrangements and other operational issues, including:

    • Asset Management Agreements
    • Property Management Agreements
    • Leasing Agreements
    • Development and Construction Management Agreements
    • Architect Agreements
    • Construction Contracts 
    • Reciprocal Easement Agreements