Real Estate
Overview
The Real Estate practice at Seward & Kissel advises on the full range of sophisticated real estate investments. We combine a deep understanding of the real estate business with practical legal judgment to help clients advance their commercial objectives and execute transactions efficiently.
Our work spans the core areas that drive complex real estate activity, including acquisitions and dispositions, joint ventures, private equity fund investments, fund formation and administration, financing, leasing, workouts and restructurings, and management and development arrangements.
Our lawyers work closely with colleagues across the firm, including tax, investment management, securities, bankruptcy, ERISA and litigation, to deliver coordinated advice that reflects the full context of each transaction. This integrated approach allows us to address legal, structural and operational considerations together, with a focus on outcomes that support how our clients operate in practice.
Drawing on extensive experience and longstanding industry relationships, we advise on virtually all major real estate asset classes, including office, retail, industrial, multifamily and hospitality properties, across the United States. Our guidance is grounded, commercially focused and tailored to the specific demands of each transaction.
We regularly represent clients in acquisitions and dispositions of real estate and real estate-related assets, including debt and equity interests. Our work covers transactions from initial brokerage arrangements and letters of intent through closing. We conduct due diligence and advise on tax, liability and ownership structure considerations throughout the process.
We also represent operators and investors in the formation and implementation of joint ventures. Our experience includes advising on capital funding mechanisms, governance and management arrangements, exit strategies, and tax and ERISA structuring issues.
Our practice includes extensive work for institutional investors in real estate private equity funds, including private and public pension funds, fund-of-funds and endowments. We advise on all phases of these investments and regularly work with significant real estate fund sponsors, bringing market perspective and clarity to a closed investment environment.
We advise sponsors on the formation and administration of a broad range of real estate investment vehicles. Our work includes fund structuring, securities, tax, regulatory, ERISA, tax-exempt and foreign investor considerations, as well as the preparation and negotiation of governing documents and offering materials. We also advise on fund management structures, governance and fiduciary matters.
Our financing work covers the full spectrum of real estate and real estate related financings. We represent borrowers and lenders in connection with mortgage loans, construction loans, structured and mezzanine financings, subscription facilities and revolving credit arrangements. Our experience includes negotiating loan documents, intercreditor and participation agreements, and transactions involving the purchase and sale of debt instruments.
We routinely handle leasing matters for landlords and tenants, including space and ground leases, as well as related agreements such as brokerage arrangements, guarantees, subleases, licenses, assignments, estoppels and SNDAs.
We represent owners, lenders and other creditors in workouts, restructurings and foreclosures involving distressed real estate assets. Our work includes loan modifications, foreclosures and deeds in lieu of foreclosure, as well as advising noteholders and other investors in restructurings and bankruptcies of public and private real estate companies.
We also advise on management and development arrangements and related operational matters, including asset and property management agreements, leasing agreements, development and construction management agreements, architect agreements, construction contracts and reciprocal easement agreements.
Capabilities
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