PRACTICE GROUPS
Commercial
Real Estate
COMMERCIAL REAL ESTATE
About
The lawyers in our Commercial Real Estate Group provide comprehensive legal services regarding all aspects of real estate. We are involved with all types of commercial real estate transactions, including purchases and sales; retail, office, industrial, and restaurant leasing; institutional, mezzanine, and private financing; participations, acquisitions, and restructuring of loans; brokerage, management, and development agreements; construction contracts; and land use matters. We also serve as local counsel for national and international law firms and other businesses that require local assistance with opinions, title, leasing, environmental, and land use matters. We regularly integrate our real estate services with our business and environmental practice in order to provide comprehensive representation to meet our clients’ needs in all aspects of a transaction.
Our Approach
Our Commercial Real Estate lawyers provide services in a broad range of areas, including the following:
Purchases and Sales
We represent clients in connection with the purchase and sale of all types of commercial real estate. We participate in the negotiation and preparation of purchase and sale agreements, conduct due diligence, and review title and surveys. We often integrate our services with other due diligence providers such as architects, engineers, contractors, zoning consultants, environmental consultants, and town building and zoning personnel. We work closely with our business and finance attorneys to form the appropriate entities to take title, and prepare the organizational documents necessary to close the deals.
Development
We represent national, regional, and local developers in all aspects of real estate development. Our involvement includes obtaining the necessary land use approvals and permits, and preparing and negotiating various agreements necessary for development and construction, including common interest community declarations, leases, easements, and construction, brokerage, and management agreements. In addition, our knowledge and experience with land use and environmental law enables us to further enhance our developer representation.
Environmental
The environmental condition of a property is an important consideration in commercial real estate transactions. We help clients analyze the environmental risk that a property may pose, and how to mitigate that risk by proper due diligence, management of conditions (through an active program or by transfer of the risk to others), insurance, or a combination of all three. We also consider how best to position the property to limit or eliminate ongoing involvement and residual liability upon sale.
Financing
We represent both lenders and borrowers in transactions where real estate serves as the security for a loan. We address and analyze financing issues from the standpoint of both sides of the borrowing relationship. We are well versed in each of the many ways in which financing can be structured, from the simple to the complex, including leasehold mortgages, swap transactions, and mezzanine financing.
Franchisee Representation
We have represented franchisees throughout New England and up and down the East Coast in connection with the acquisition of existing franchises and the development, leasing, acquisition, and operation of new franchise sites. We review and negotiate franchise agreements as well as site leases for our franchise clients.
Land Use
We interact regularly with town and city planners, and planning and zoning/wetlands boards and commissions, in order to apply for and obtain site plan approval, special permits, variances, subdivision approval, and wetlands permits. Depending on the client’s needs, we can assume an advisory role to the architect or engineer preparing and presenting the planned development, or take a lead role in organizing the team and ensuring that all components are included to successfully obtain the necessary permits and approvals. We provide counsel to ensure that the statutory requirements are satisfied to achieve and maintain the viability of the permits.
Leasing
We are experienced in all types of leasing, from standard space leases for office, retail, and industrial buildings, to custom leases for film studios, restaurants, medical facilities, governmental entities, hotels, big box retail, sports and recreational facilities, cell towers, and billboards. We negotiate leases on behalf of both tenants and landlords and therefore understand the issues and viewpoints that are important to each. In addition, we prepare ground leases and build-to-suit leases, including the special considerations that are necessary to make such leases financeable.
Loan Purchases, Sales, Workouts, and Participations
We represent loan purchasers, sellers, and participants in connection with the acquisition and sale of both problem and performing loans and loan portfolios. We therefore understand issues from the standpoint of both sides of the relationship. We are regularly involved with the work out and restructuring of non-performing loans and coordinate with our bankruptcy and litigation departments in order to provide comprehensive representation in such matters.
For more information about our Commercial Real Estate Group, please contact Jennifer W. Haddad, Douglas S. Pelham, Christopher R. Shea, or Richard J. Shea, Jr.
ATTORNEYS
Our Team
Our attorneys combine legal and practical experience in a diverse range of businesses and industries. We have created a unique culture that encourages personalized service, a focus on results, and a relaxed, comfortable working environment. You can expect hard work, diligence, and a commitment to excellence from each member of our team.