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Our real estate practice focuses on the acquisition and sale of commercial, industrial and residential property, along with leasing and financing. We also handle exchanges, construction, title work, disputes, tax planning and syndication matters.

In addition to helping business owners with the purchase, sale or lease of the business site property, we assist real estate investors. We review loan and lease documents, seek the best methods of financing and refinancing, and explore the tax ramifications of available options. We handle loan workouts for borrowers, as well as for creditors.

Our real estate attorneys assist clients in the following areas:

    Purchase and Sale of Real Estate
  • Negotiation, preparation and review of purchase agreements
  • Listing agreements and broker relationships
  • Escrow matters
  • Title review, including analyzing liens, encumbrances, and Covenants, Conditions & Restrictions (CC&Rs)
  • Financing, including preparing and reviewing loan documents and negotiating with lenders

    Ownership
  • Property taxes, including exemptions
  • Boundary line disputes, nuisances and easements
  • Insurance coverage and recovery
  • Improvements, including dealing with contractors, subcontractors, architects and engineers
  • Real Estate Investment Trusts (REIT)

    Exchanges
  • Structuring tax-deferred (1031) exchanges, including delayed exchanges

    Leases
  • Listing agreements and relationships with brokers
  • Commercial, residential and industrial lease preparation, negotiation and review
  • Ground lease preparation, negotiation and review
  • Lease financing, including preparation, negotiation and document review
  • Subleasing
  • Assignment of leases
  • Leasehold improvement issues

    Construction
  • Construction financing
  • Construction contracts and subcontracts
  • Disputes among owners, contractors, subcontractors, architects and engineers
  • Construction defect litigation
  • Tenant improvement construction

    Financing
  • Loan documentation and negotiation
  • Lien priorities
  • Lease financing
  • Disputes between lenders and borrowers
  • Loan workouts and distressed property
  • Foreclosures
  • Environmental indemnities

    Title to Real Property
  • Title insurance coverage and claims
  • Easements
  • Lien priorities

    Disputes Involving Real Estate
  • Purchase agreement disputes
  • Commercial landlord/tenant disputes
  • Commercial tenant/tenant disputes
  • Owner disputes with lender
  • Construction defects
  • Boundary line disputes, encroachments, easements and prescriptive rights
  • Insurance recovery
  • Owner/contractor/subcontractor/architect/engineer disputes
  • Bad faith
  • Judicial foreclosure and deficiency judgements

    Income Tax Planning for Real Estate
  • Selection of tax advantageous ownership entity
  • Estate planning and inter-family transfers of real estate investments and entities
  • Tax planning for sales and exchanges of real property
  • Charitable contributions of conservation easements

    Syndication of Real Property
  • Entity selection
  • Preparation and negotiation of syndication documents including prospectus and/or Private Offering Memorandum
  • Income tax planning for investors in syndication
Real Estate Matters Handled

Here are examples of how our real estate attorneys have helped clients:

  • Negotiated ground lease of shopping center from a municipal government.
  • Represented shopping center owners in operation of centers, including dealings with local government, financing and refinancing, leasing with national and local tenants, disputes with tenants, construction contracts for shopping center and tenant improvements.
  • Represented buyers of major residential estates. Solved title problems such as access to the property, disputes with neighbors, easements, and Covenants, Conditions & Restrictions, contracts for construction of new homes and remodels.
  • Represented contractors and subcontractors in connection with the preparation and negotiation of construction contracts.
  • Represented major California land auction company involving auctions of several hundred parcels of land each year.
  • Represented residential apartment building investors in purchasing and financing of apartment buildings.
  • Represented major tenants in leasing office space, retail space and industrial space.
  • Represented syndicators in organizing entities and programs to syndicate real estate ownership.
  • Represented buyers and sellers of commercial and industrial property in multiple property tax deferred exchanges.
  • Defended real property breach of contract claims and prosecuted specific performance claims, expungement motions, foreclosures, and deficiency judgment matters.
  • Represented an ousted partner of a construction company, in which primary asset was real property with title recorded in the name of the adversary. Litigated constructive trust, quiet title, dissolution and partition issues. The ousted partner was awarded his proportionate share.
  • Defended real property breach of contract and specific performance claims and successfully expunged notices of action pending (lis pendens).
  • Defended real estate partnership and management company against claims of dissenting limited partner's breach of fiduciary duty and fraud claims.
  • Defended majority partners of a real estate partnership against minority partner action for dissolution, accounting, breach of fiduciary duty and fraud.
  • Represented lenders and borrowers in judicial and non-judicial foreclosures and deficiency judgment proceedings.
  • Represented judgment creditors against judgment debtors and transferee on claim to set aside fraudulent conveyance of real property.
  • Represented purchaser of commercial strip mall against secured developer/seller on claim of breach of written contract and intentional misrepresentation.
For more information about the services of our Real Estate practice, please contact INFO-RLRC@reish.com or phone (310) 478-5656.
     
 


11755 Wilshire Blvd., 10th Floor, Los Angeles, CA 90025-1539
Phone: (310) 478-5656    Fax: (310) 478-5831

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