Real Estate

In the ever-changing real estate environment, Epstein Becker Green has the breadth of experience necessary to help our clients achieve their goals in real estate transactions. Our real estate attorneys are experienced in all aspects of real estate law and provide counsel to clients on how to effectively structure, finance, lease, acquire, sell, and manage real estate assets inside and outside the United States. They also advise international clients on real estate investments inside the United States. Our real estate attorneys have represented clients from the construction and development, financial services and institutional lending, health care, hospitality, insurance, manufacturing, real estate asset management, restaurant, retail, technology, and telecommunications industries, among others.

We represent owners, landlords, management companies, national and regional developers, real estate investment trusts (REITs), lenders, investors, private equity funds, pension funds, general contractors, subcontractors, brokers, and agents and have handled projects involving:

• apartment, condominium, and cooperative complexes
• health care facilities and clinics
• hospitals
• hotels
• industrial facilities
• medical office buildings
• mixed-use developments
• office buildings
• residential properties
• restaurants
• retail centers
• warehouses

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Our Services

Our comprehensive real estate services cover the following areas:

Condominium/Cooperative Development and Conversions

EBG attorneys represent developers and sponsors in the acquisition, development, adaptive reuse, and conversion of condominium and cooperative projects. We have extensive experience preparing condominium documentation and public offering statements and providing advice to cooperative/condominium boards and sponsors. And we assist our clients in complying with state and local building codes and the federal Fair Housing Act.

Construction and Development

Our attorneys offer clients a full range of construction (including health care construction), development, and redevelopment services (from project inception through design and construction to project closeout, including advice about project delivery systems and contract formation and negotiation) and counsel throughout the process. We provide representation for all types of development projects—including commercial, industrial and warehouse, mixed-use, office, residential, and retail properties, institutional health care facilities, medical office buildings, and surgical centers—whether they involve new construction or expansions and renovations of existing facilities. We also prepare and negotiate construction, architectural, and engineering contracts ranging from small to multimillion-dollar projects. And our attorneys also provide advice to clients on “green” building construction and retrofitting issues, the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED®) rating systems, U.S. Environmental Protection Agency’s Energy Star home certification, and other green building practices.

Construction and Property Management Litigation

EBG’s Construction and Property Management Litigation team has extensive experience with health care construction disputes as well as matters affecting clients across industries. For example, we have represented clients in mortgage foreclosure actions, loan restructurings and workouts, land use and zoning disputes, condemnation proceedings, title claim litigation, and the resolution of general real estate disputes. In the area of construction law, we represent both public and private sector commercial and institutional building owners, developers, design professionals, sureties, contractors, suppliers, and persons seeking their services in federal and state courts, arbitrations, and mediations, and before federal, state and local government bodies. In the area of real estate law, we regularly represent landlords, developers, managing agents, title companies, lenders, real estate investors, brokers and agents, mortgage companies, and large commercial tenants in disputes involving mixed-use developments, large construction, and health care real estate.

Government Real Estate Permitting, Licensing, and Compliance

Epstein Becker Green attorneys are skilled at obtaining licenses and permits from state and local regulatory agencies, as well as reviewing our clients’ operations to make sure that they comply with all applicable rules and regulations. Our attorneys also represent our clients in legal and administrative enforcement hearings and proceedings arising from administrative code and safety violations, disability-law violations, and zoning violations.

Land Use and Zoning

We provide advice to brokers and lenders, developers, local and municipal governments, regional localities and zoning agencies, and residential home builders and landowners on a diverse range of zoning and land use matters—from the adoption of zoning ordinances, text amendments, and comprehensive plans to Development of Regional Impact (DRI) review, government permitting to land use entitlements, sign permits, and special land use permit and variance approvals. We also represent clients in local disputes involving zoning approval, fair housing, government enforcement, and other zoning and land use matters before state authorities and municipal land use agencies.

Real Estate Acquisition, Development, Disposition, and Leasing

Our real estate attorneys represent clients in acquisitions, dispositions, and the development of all types of properties (including health care facilities); single and portfolio asset acquisitions and dispositions; joint ventures and equity participations; distressed asset transactions; loan workouts; and purchases and sales of performing and non-performing loan portfolios. Our services include conducting due diligence; structuring the deal to further our clients’ business objectives while minimizing their tax exposure; preparing, reviewing, and negotiating the purchase/sale contract, amendments and modifications, consents, assignments, and other necessary documents; and coordinating financing and government approvals. In addition, we represent both landlords and tenants in connection with all aspects of their commercial, industrial, office, and retail leasing and improvement and construction matters (including health care construction); provide advice on incorporating LEED® standards into leases; and counsel clients on their rights and obligations under such “green” building leases.

Real Estate Distressed Assets

We analyze distressed assets from a legal perspective and then advise our clients on possible options and limitations in handling such assets. Throughout the process, we work with our clients and other professionals, such as consultants and business advisors, to create a strategy that helps reposition the distressed assets and often enhances the value of the project. We also represent sellers, purchasers, lenders, and investors in transactions involving the acquisition and sale of distressed assets. For our clients seeking to purchase distressed assets, we perform pre-offer due diligence to assist our clients in evaluating the assets, followed by a more-extensive due diligence review of title, survey, environmental, zoning, permits and entitlements, and physical plant matters.

Real Estate Finance, Investment, and Development

Our attorneys’ knowledge encompasses all types of financing transactions — ranging from traditional commercial mortgage loans to structured financing and securitization. We structure and negotiate conduit and portfolio financing transactions secured by real estate and other types of collateral for lenders, borrowers, investors, and governmental agencies. We represent clients in financing vehicles that include acquisition and development loans, bond financing, bridge loans, conduit loans, construction loans, economic development incentive financing, leasehold financing, loan refinancing, mezzanine loans, and permanent mortgage loans. We provide counsel and representation to clients in financing transactions related to a wide variety of assets and have significant experience with corporate acquisition financing, 1031 exchanges, joint venture and tenants-in-common transactions, sale-leaseback transactions, loan workouts and creditors’ rights, foreclosure and bankruptcy matters, SBA-guaranteed loans, and letters of credit and bond issues secured by real estate.

Renewable Energy

We advise clients on the structuring, development, and operation of projects involving renewable energy (such as biofuels, biomass, solar, and wind), energy efficiency, and LEED® certification construction. Our clients include contractors, developers (including developers of health care facilities), financial institutions, investors, land owners, manufacturers, municipalities, and utilities in renewable energy projects. Our attorneys guide clients through the myriad federal, state, and local laws impacting renewable energy projects; represent clients in regulatory proceedings before various state public utility commissions; and develop strategies to obtain renewable energy credits, carbon credits, and tax credits to help our clients maximize the tax advantages of their renewable energy project.

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