Real Estate and Development

For more than 30 years, Spotts Fain has been recognized for our professional resources and capacity to help our clients resolve complex legal matters relating to commercial real estate transactions. We deliver value to our clients not only through the efficient negotiation and closing of purchase, sale and lease transactions and the financing of such projects, but through our strong relationships with national title companies, surveyors and environmental consultants, we are able to save our client's valuable resources by coordinating real estate diligence throughout the United States. We also work with our clients to develop fixed fee and other alternative billing arrangements, as well as team rooms and other cost-effective methods of communication. When appropriate, our real estate team collaborates with attorneys in our Business, Financial Services, Creditors' Rights, Construction and Litigation departments as well as tapping into the resources of our consultants with Spotts Fain Consulting to garner community support and approvals, and overall strategic planning.

Our real estate attorneys represent national and regional retailers, retail, mixed-use and residential developers, publicly traded companies, shopping center owners, hotel developers, and tenants in all aspects of commercial real estate law including:

Leasing

  • Ground leases
  • Shopping center leases for "big box", anchor, in-line, end cap, kiosk locations and outparcels
  • Sale-leasebacks
  • Lease extensions and renewals
  • Tenant estoppel certificates and non-disturbance agreements
  • Lease termination agreements, subleases and lease assignments

Real Estate Acquisition, Sale, and Development

  • Letters of intent, access and confidentiality agreements
  • Purchase and sale agreements
  • Option agreements
  • Easement agreements, operating agreements and restrictive covenants
  • Condominium creation and conversion, association formation, management and representation
  • Construction agreements
  • Closings, refinances and restructuring including Conventional financing, Securitized loans, HUD 221(d)(4) Loans and SBA loans
  • Commercial real estate development, condominiums, multi-family housing, mixed-use projects
  • Construction financing, including institutional and private market funding
  • Zoning and land use permitting and approvals
  • Bankruptcy, insolvency, foreclosure and workouts
  • Qualified Opportunity Zones
  • Solar Energy
  • IRS 1031 Tax-Free Deferred Exchanges of real property

Real Estate Services

  • Retail roll-out programs
  • Lease administration and property management
  • Due diligence coordination (title, survey, environmental)
  • Excess property disposition
  • Dispute mediation, commercial litigation regarding adverse possession, boundaries and actions to quiet title
  • Landlord-Tenant disputes, unlawful detainer actions and eviction Issues