Real Estate

Real estate attorneys generally understand the arcane details of centuries old laws governing rights in real property. Our lawyers also understand the practical realities of real estate transactions in the 21st century.

Our lawyers guide and counsel clients through all aspects and phases of their real estate transactions, from deal structuring to re-structuring, from acquisitions and sales to zoning and land use, from design and construction to leasing and management, and from financing to foreclosures. We are dedicated to learning our clients’ business and acting as an integrated part of their team, and we devote our deep legal knowledge and experience to providing our clients with creative, sensible and effective representation which is tailored to each client’s unique needs.  Our clients trust and rely on us to make their deals happen.

Meet Our Real Estate Law Team
Experience

Most of our real estate lawyers have been doing what we do for decades, so you can only imagine what we’ve seen and done. Our collective experience has taught us which issues are important to our clients and which aren’t worth addressing - which makes us practical, effective and efficient.

Range

The range of routine and complex legal issues handled by our attorneys is broad. Our representations span many jurisdictions. We also tap into our firm’s considerable resources in litigation, bankruptcy, environmental, corporate and tax law to develop innovative strategies.

Responsiveness

Believe it or not, our attorneys actually answer their phones and respond to calls and emails promptly. We take our role as a team player seriously and accept our responsibilities with pleasure. We enjoy understanding the needs of our clients and spearheading collaborative efforts to resolve problems and enable success.

Acquisition & Development

Representation from acquisition to grand opening

We represent developers, businesses and many others in all types of acquisition and development. Our attorneys have extensive experience in structuring every phase of the construction and development of commercial properties, including:

  • Organizational structuring and counseling for the development entity;
  • Negotiating agreements for the acquisition and sale of land;
  • Participating in and furthering due diligence efforts;
  • Drafting and negotiating contracts for design and construction;
  • Drafting and negotiating applications and commitments for all types of financing;
  • Obtaining land use and zoning approvals;
  • Negotiating brokerage, leasing and management agreements;
  • Conducting closings

Our clients’ activities in these endeavors stretch across an array of asset classes, and our representation of these clients includes local, regional, national, and international efforts. These include the development of regional malls, shopping centers, supermarkets, office buildings, multiuse facilities, apartment complexes, distribution centers, industrial plants, hospitals and hotels. Our practice ranges from representation of developers of downtown high-rise office buildings and hotels to rural refrigerated warehouse facilities.

Read more

Financing

Lien mortgage financing, mezzanine financing and equity financing

We act as counsel to lenders, investors and borrowers in connection with large and small commercial real estate financing, and also serve as advisors to institutional managers of real estate portfolios. We represent banks, insurance companies, and other owners of real estate in facilitating a wide variety of financing transactions, and we represent borrowers in complex financing.

We pride ourselves on having experience in transactions that use an array of financing vehicles, sometimes in a single deal. Examples include first lien mortgage financing, subordinate mortgage lien financing, mezzanine financing and equity financing.

Clients particularly value our experience and creativity with grant, loan and tax credit programs supported by various levels of federal, state and local governments, including, to name just a few:

  • Tax Increment Financing
  • EB-5 Financing
  • Historic Tax Credits
  • Redevelopment Assistance Capital Program Grants
  • Infrastructure grants
  • Urban Development Action Grants (UDAG)
  • Brownfield Economic Development Initiative (BEDI) Grants
  • HUD 108 Loans
  • Programs in various states backed by or using state bond programs.

In connection with these complex financing stacks, we have significant experience drafting and negotiating inter-creditor agreements, subordination agreements, participation agreements and other agreements among the various stakeholders.

Read more

Leasing

Commercial, retail, housing, medical

We represent landlords and tenants in connection with commercial leasing on local, regional, national, and international levels. Our leasing activities run the gamut from simple office leases to complex build-to-suit leases of new hospitals. Here are just a few of the types of leases that we do:

  • Commercial office leases, from small spaces to entire buildings
  • Retail leases for “in-line” stores, stand-alone stores and anchors
  • Restaurant leases
  • Ground leases
  • Leases of hospital buildings and “hospitals-within-hospitals”
  • Leases for warehouse spaces and warehouse buildings
  • Leases of public refrigerated warehouses and refrigerated warehouse spaces
  • Sale-leaseback transactions
Read more

Organizational Structuring & Counseling

Structuring the right entities for real estate clients

Our real estate expertise extends to the structuring of appropriate entities for real estate ownership, tenancy and operation.

We often form or modify the organization of entities that deal with real estate, including for-profit and non-profit corporations, limited liability companies, general and limited partnerships and condominium and homeowners’ associations. We draft, review and negotiate the documentation that creates or changes these entities. For many clients, we prepare annual minutes and other regular filings.

We frequently counsel partners, shareholders, members and others with interests in real estate entities concerning their organizational relationships, rights and remedies. When there is a dispute, we work with our litigators to position our clients for the dispute and then, if necessary, engage in litigation.

Read more

Brokerage Agreements

Working with brokers to achieve customers' goals

We have developed an excellent relationship with the commercial real estate brokerage community, and we often work closely with brokers, tenant representatives and others who engage in the process of assisting others with their real estate needs.

Whether we are retained by brokers or their customers, we often work hand in hand with brokers to achieve the customers’ objectives.

We have experience representing commercial real estate brokerage firms and those retaining such brokers in creating and negotiating documents establishing their relationships, including sale, leasing agreements or other forms of agreement.

With our litigators, we sometimes help resolve or litigate disputes, whether between a brokerage firm and a former broker; between the firm and its customers or between two firms.

Read more

Zoning and Land Use

Licensing, permitting, and government approvals

We represent applicants seeking licenses, permits, and approvals from various government agencies. We also regularly appear before zoning and planning boards to secure variances, special exceptions, conditional use approvals, subdivision approvals, and other land development approvals. Our experience enables us to counsel clients in rehabilitation and redevelopment projects.

Our practice includes representation of a leader in the international grocery retailing industry, the owners of regional malls and neighborhood shopping centers, and an array of large and small developers and entrepreneurial enterprises engaged in the development of commercial real estate, in securing governmental approvals for expansion and development of properties throughout Philadelphia and Southern New Jersey. We are frequently engaged as local counsel to assist clients in their performance of due diligence related to existing and proposed developments.

Read more

Design and Construction

Advising on every phase of construction

We counsel clients across the country through all phases of design and construction projects. We work shoulder to shoulder with our clients in the early phases of a project to determine the best project delivery model for each project. We draft and negotiate contract documents utilizing both industry forms and custom agreements, and we advise clients in connection with issues that may arise during the course of a construction project. Our expertise includes agreements between and among owners, project managers, architects, engineers, designers, contractors, construction managers, sureties, lenders and tenants.

Our clients’ projects include large and small commercial office spaces, office buildings, multi-family residential buildings, educational facilities and school buildings, hospital and healthcare structures, “hospitals-within-hospitals,” retail stores and industrial facilities.

Read more

Expert Witness

Consultations, reviews, depositions, testimony

We have developed a specialized practice in acting as expert witnesses for other firms in real estate-based litigation.  We have acted as experts for plaintiffs and defendants in cases involving legal malpractice claims arising out of real estate transactions.  We have also served in cases in which trial counsel needs an expert to explain to a jury (or in some instances a judge) a complex aspect of real estate law or practice on which a case may hinge;  for example, we have testified about priorities of liens, subordination/non- disturbance agreements, rights of first refusal, lease remedies, title problems, and similar matters.  Our services include consultation with trial counsel; review of documents and deposition transcripts; preparation of written expert reports; giving depositions, and testifying in court. Our experience includes testifying in both state and federal courts.