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Real Estate

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As key economic changes continue to challenge the commercial real estate sector, opportunities arise.

Following the global pandemic, the commercial real estate sector remains challenged by rising office vacancy rates, interest rates and inflation, as well as a dip in retail business. With much of the workforce still working from home, the future need for office space is uncertain. Our interdisciplinary team of lawyers work closely to address all aspects of negotiating, securing, financing and protecting our real estate clients’ portfolios and holdings.

We have built a strong foundation advising owners and developers on the leasing, purchase, sale, development and financing of property in New York and throughout the United States. We have significant experience completing various types of financing transactions, including traditional single-lender mortgage loans, credit tenant financing, conduit financing and mezzanine loans. Such transactions have involved multi-tenant office buildings, shopping centers, industrial properties, hotels, single-tenant net leased properties and residential properties. We represent clients in all stages of the financing process, from term sheet to closing to post-closing loan compliance.

Leasing: We represent tenants and landlords in retail and office leasing, securing optimal lease terms for both parties. Our tenant clients, including dozens of major national and international upscale retailers and sophisticated office tenants, rely on us to negotiate leases in all types of developments, including shopping centers and office space in New York City and throughout the United States. We assist with letters of intent, subordination and agreements, including non-disturbance and attornment, brokerage, architecture and construction. Our landlord clients – owners of retail properties and premier office buildings – rely on us to assist with all aspects of leasing transactions, from anchor store and pad leases to leases for millions of square feet of office space.

Acquisitions, Sales & Joint Ventures: We represent clients in the acquisition and/or sale of single and multi-tenanted office buildings, shopping centers, hotels, industrial properties and residential buildings, including the negotiation of purchase and sale agreements. In addition, we have considerable experience in developing and analyzing ownership structures in connection with such transactions. We also regularly negotiate partnership and joint venture agreements between the various partners from both the perspective of the real estate operator and the equity investors.

Litigation: Our real estate litigators handle complex disputes arising from real estate development and financing transactions. Our clients include well-known private equity funds, hedge funds, public companies, senior mortgage lenders, mezzanine lenders, borrowers, condominium and co-op sponsors, developers, REITS, general and limited partners, commercial and retail tenants and landlords, purchasers, sellers, owners and investors, general contractors, construction managers, real estate brokers and mortgage lenders, hotel and hospitality companies, and high-net-worth individuals. We represent clients in condominium and co-op disputes, as well as large scale commercial and retail landlord tenant proceedings; construction related litigation and arbitration, including professional malpractice and lien litigation; disputes for “branded” real estate projects; and injunction proceedings, emergency applications and special proceedings in connection with purchase and sale agreements, among many other types of real estate disputes.   

Finance: Utilizing the real estate, corporate, credit and financing resources of our firm, our Real Estate lawyers represent owners and developers in financing transactions in New York and throughout the United States. Such transactions have involved multi-tenanted office buildings, shopping centers, industrial properties, hotels, single-tenant net leased properties and residential properties. We also represent clients in connection with completing various types of financing transactions, including traditional single-lender mortgage loans credit tenant financing, conduit financing and mezzanine loans.

Loan Workouts, Restructurings & Foreclosures: We represent individual and institutional investors and fund managers in acquiring, restructuring and foreclosing real estate loans, and in selling and leasing acquired properties. We assist clients in the acquisition and workout of large loan and asset portfolios, restructuring real estate debt at every level, including mezzanine financings and preferred equity, and in receiverships, foreclosures and bankruptcies. We work closely with our Bankruptcy & Restructuring, Corporate and Commercial Lending & Finance lawyers to provide full-service solutions to complex situations.

Valuation Disputes: Our Real Estate lawyers are leading practitioners in the highly specialized area of real estate valuation disputes, particularly “rent reset” arbitrations. We have negotiated, arbitrated and litigated valuation disputes involving all types of commercial real estate, including land, retail space, office space, hotels and multi-family residential buildings. Our strong ties in the appraisal community enable us to provide practical and sophisticated guidance on rent renewals for ground leases and space leases, use-and-occupancy disputes, IRS tax appeals, business dissolutions and other valuation-related matters.

Team Contacts

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