Acquisitions and Dispositions
Our real estate lawyers have extensive experience in major, complex real estate acquisitions and dispositions. We have completed transactions for the acquisition or disposition of a wide variety of real property assets, including high rise office buildings, industrial parks, an entire new town project, several master-planned residential communities, ski resorts, islands in the Sacramento Delta, cattle ranches, hydroelectric projects, medical buildings and complexes, loan portfolios, shopping centers and hotels. We have also handled merger and acquisition transactions involving primary real estate oriented companies.
The firm’s lawyers have extensive experience in commercial leasing, representing both lessees and lessors. We prepare and negotiate virtually all types of leases covering a wide variety of office, industrial, medical and retail projects. We draft and negotiate ground leases, build-to-suit leases, sale-leaseback transactions, office and industrial space leases, agricultural leases, medical office leases, retail and shopping center leases and special financing leases.
Environmental Law and Conditions
We have expertise in environment-related legal issues that affect real property, real estate and real estate finance transactions. We can review and implement Phase I and other environmental studies, and will negotiate and document representations, warranties, indemnifications, and other agreement provisions regarding the allocation of liability. We are also experienced in addressing complex issues related to other types of environmental conditions, including toxic mold, wetlands, archeological conditions, endangered species and historic uses.
Master Planned Communities
Boutin Jones represents a number of developers. We’re experienced in matters typical to the development of master planned communities, such as the creation and enforcement of purchase and sale agreements, builder’s agreements, marketing agreements, rights of first refusal, financing plans, development agreements, covenants, conditions and restrictions and ancillary documents.
Merchant Builder Transactions
We have experience in the formation of home-building companies and joint venture arrangements which include existing and new merchant builder operations. We also have extensive experience in the negotiation and documentation of merchant builder programs for master-planned communities. We can provide advice and representation in matters related to entity structure, licensing, joint venture structures, acquisitions, dispositions, development matters, environmental matters and related work.
Partnerships, Joint Ventures and LLCs
We advise clients as to the appropriate entity and joint venture structures for acquiring and holding real property interests that protect from liability, protect assets, and ease operations. We also advise clients on the business, tax and accounting aspects of regular and subchapter “S” corporations, limited and general partnerships, limited liability companies, and a variety of joint venture structures. We can negotiate and document joint ventures, investment structures, and financing arrangements typical to the development process.
Real Estate Development
Our attorneys represent a number of developers. We are experienced in matters typical to the development of planned communities, such as the creation and enforcement of covenants, conditions and restrictions, drafting easements, rights of way, development agreements, construction contracts, consultant agreements and other documents integral to the development and management of planned communities.
Real Estate Finance
Our real estate attorneys are also experienced in the documentation and negotiation of real property and mixed collateral secured loans. We represent lenders and borrowers in matters spanning loan origination, loan participations, outstanding loan acquisitions, and the packaging and disposition of individual loans and loan portfolios. Our attorneys routinely advise clients on the impact of the California “anti-deficiency” and “one action” rules, and are experienced in structuring transactions that maximize collateral in the event of default.
Taxation And Exchanges
We have expertise in taxation of partnerships and corporations, and other real estate assets. Our tax lawyers advise clients in all aspects of real estate transactions, including in connection with acquisitions, dispositions, tax-deferred exchanges, financings and re-financings, debt modifications and foreclosures. The firm has additional expertise in the areas of non-profit taxation. We can resolve tax controversies on behalf of our clients at the state and federal level, through both administrative and court proceedings. Boutin Jones can also represent high-wealth individuals in tax and estate planning matters.