PRACTICE AREA - Real Estate


Real Estate

Kleinberg Kaplan’s Real Estate Practice is sophisticated and national in scope. We represent national and local developers, owners, lenders, joint ventures and tenants in capital raising, development, acquisition, financing, joint ventures and leasing of large-scale commercial, office, retail, industrial and mixed-use projects. We also provide guidance on related tax, corporate, litigation and bankruptcy issues.

Matters in which we have substantial experience include:

Development

  • Advising developers on various public and private bids
  • Structuring equity and debt investments, including construction loans (see Finance Practice description)
  • Development agreements, reciprocal easement agreements and property management agreements
  • Ground leases, master leases, architectural agreements, construction contracts and other vendor agreements
  • Analyzing title, subdivision and survey related issues
  • Negotiating land acquisition (see Sales and Acquisitions Practice description)

Financing

  • Loan applications and loan commitments
  • Acquisition, construction, bridge, mezzanine and permanent loan financing (including securitized financing)
  • Joint venture agreements, including preferred equity
  • Hard money lending
  • Loan workouts, deeds in-lieu and consensual foreclosures
  • Loan participations
  • Ground and master lease financing
  • Inventory-based and receivables-based financing
  • Inter-creditor agreements
  • Subordinated debt
  • Corporate level financing partially secured by real estate collateral
  • Sale-leaseback transactions
  • Loan sales and purchases
  • Legal opinions

Leasing

  • Representing landlords in office, medical office, retail and warehouse leases
  • Representing tenants, including hedge funds and national retailers, in office, health club, art gallery, restaurant, retail, bank, telecommunications (dark fiber) and shopping center leases
  • Representing landlords and tenants in triple net-leased co-location facilities
  • Formulating leasing programs for various office developments
  • Reviewing and negotiating brokerage agreements

Distressed Asset and Debt Acquisition

  • Representing purchasers of distressed real estate assets, mortgage loans and other real estate-secured assets
  • Providing strategic advice (including disposition strategies) and diligence for acquisitions
  • Coordinating nationwide foreclosure actions and acquisitions in lieu of foreclosures
  • Negotiating workouts for acquired loans

Sales and Acquisitions

  • Performing pre-transaction diligence of property-related documents
  • Forming limited liability companies, partnerships and corporations, including joint venture agreements
  • Advising with respect to sales and acquisitions of fee and leasehold interests (for office buildings, medical office buildings, multi-family buildings, shopping centers, warehouses and multi-use properties)
  • Representing clients in tax-deferred exchanges
  • Advising clients with respect to acquisitions and sales of development/air rights
  • Tax structuring for transactions

Investment Analysis

  • Analyzing prospective real estate investments (both directly and through various types of participatory interests or stock) for hedge funds, private equity funds and other investors

Dispute Resolution (Including Litigation) Concerning:

  • Title and development rights
  • Encroachments
  • Intra-owner and fiduciary duty issues
  • Brokerage claims
  • Claims of constructive trust
  • Adverse possession
  • Leases
  • Condominium and cooperative board litigation with members and tenants
  • Construction arbitration and litigation
  • Loan defaults
  • Rights to access enjoining partners and vice versa

 

 


FEATURED PROFILE

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CHRISTOPHER P. DAVIS

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