Real Estate

The acquisition and disposition of real estate often involve significant risk, requiring experienced advisors who can highlight potential exposure areas and provide creative, time-tested solutions.  Our attorneys provide counsel through the sales process, including the drafting and negotiation of purchase and sale agreements, due diligence, title and environmental issues, and facilitation of the financing and escrow process.  We assist clients with sales, acquisitions and exchanges of land, office, residential, retail, hotel, industrial, mixed-use, and other properties.

From idea to groundbreaking to occupancy, our attorneys represent developers in the acquisition and development of land and real estate projects, including design, construction and builder contracts, ground leases, easement agreements, CC&Rs, licensing and regulatory compliance including environmental compliance agreements, construction and permanent financing, and related development documentation. We also work with large-scale community developments to create, manage, and enforce governing documents. In partnership with our tax practice, we offer counsel on Opportunity Zone developments and Qualified Opportunity Fund investments.

Even the most straightforward lease transactions present exposure issues for landlords and tenants alike.  We represent landlords and tenants in negotiating leases, subleases, and assignments across all relevant industry sectors, including industrial, office, and retail properties.  This includes crafting letters of intent to frame the key lease terms, overseeing commencement and tenant improvements, and advising on complex lease interpretation issues.  Our attorneys also assist with lease enforcement, guiding landlords and tenants through default issues and ensuring that the unlawful detainer process is completed in accordance with applicable law and the parties’ agreement.  Where desirable, we help structure creative lease settlements to minimize risk to the owner’s property while preserving the tenant’s interest in it.

The success of a real estate project is typically driven by the strategic acquisition, deployment and management of capital.  We advise both borrowers and lenders in secured and unsecured credit transactions, including construction, bridge, and permanent financing and related lines of credit or operating capital.  Our lawyers assist clients with all aspects of the loan process, participating in the structuring, negotiating, documenting, closing, and administering of loans and the restructuring and workouts of troublesome financing structures. With experience representing both borrowers and lenders, our attorneys can provide a unique perspective on the interests of both parties, helping minimize unnecessary delays.

The structure of a real estate transaction is critical to preserving the expectations and interests of all parties involved, from developers to equity investors or owners.  We offer a wide range of services in this area, such as assistance in structuring development and investment entities, drafting business plans, and completing fundamental business formations. We have extensive experience with the considerable array of entity choices, including joint ventures, limited partnerships, limited liability companies, and corporations. Each of these entities has many variations to manage distinct financial, operational, and tax goals that must be carefully considered to avoid future disputes.

In the event that an investment, project, or partnership goes sideways, our team offers extensive experience in both transactional and insolvency/restructuring matters, including negotiation and pre-litigation counseling, as well as assertion of debtors’ and creditors’ rights or resultant bankruptcies. We provide the best strategies for our clients while maintaining flexibility should litigation or insolvency prove necessary.

The construction process does not always flow seamlessly from the ground to the written word.  It is therefore critical to have experienced counsel, capable of bridging the gap between project manager and contractor. We have a broad range of experience advising clients in the construction industry, including drafting and negotiating construction contracts, enforcing liens, and resolving complex construction disputes. We represent developers, homebuilders, engineering companies,  contractors, design professionals, and owners in all phases of the construction process, including contract review and negotiation, design issues, construction defects, lien preparation, and dispute resolution, including mediation, arbitration, and litigation in state and federal courts.

Our real estate team has experience and expertise with solar, wind, and battery energy storage system projects.  We have successfully represented clients in multiple aspects of renewable energy project development and ownership.  Our clients include a broad scope of parties, including landowners, project developers, owners, investors, and contractors.  The scope of services that we provide includes all of the primary aspects of development and ownership, from site acquisition, project development, tax counseling, and financing, to the purchase and sale of completed projects and project-owning entities.

Webinar – Don’t Get Nailed: Tips to Help Builders Avoid Lawsuits

On August 4, Weintraub Tobin lawyers Shauna Correia and Louis Gonzalez provided an overview of the most common types of lawsuits faced by builders and contractors – as well as possible new claims due to the COVID-19 health crisis – relating to employment,

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Upcoming Webinar: FSMA Made Simple: Strategic & Tactical Approaches In Preparing For New Regulations

Attorneys Lee Smith and Alden Parker will present at an upcoming webinar: “FSMA Made Simple: Strategic and Tactical Approaches In Preparing for New Regulations” at 2 p.m. August 14. After participating in this webinar,

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Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2022 “Best Law Firms”

Weintraub has been recognized with numerous rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms.” The tiered rankings are assigned to law firm practice groups by metropolitan area.

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Kenneth J. Conlan Joins Weintraub Tobin

Weintraub is pleased to welcome Kenneth J. Conlan as an associate in the Firm’s Real Estate practice group , where he focuses on commercial real estate transactions including retail, office, and agricultural leases,

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KFBK News Radio: Louis Gonzalez On California’s Eviction Moratorium Extension

On August 9th, Weintraub Shareholder Louis Gonzalez appeared on The Afternoon News with Kitty O’Neal on KFBK News Radio to discuss California’s eviction moratorium extension. In the segment, they discuss the constitutionality of the legislation and its impact on landlords.

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The Importance and Dangers of Letters of Intent

Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less frenetic in the upcoming year,

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How New Legislative Policy May Affect COVID-Related Lease Disputes

Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force majeure,

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NY Court of Appeals Decision Highlights Growing Trend of Higher Courts Ruling Against COVID-Related Lease Defenses

Since the start of the COVID-19 health crisis, we have been approached by both landlord and tenant clients asking how COVID affects their leasehold obligations. While we have generally encouraged our clients to approach these matters in an honest and amicable manner with a focus on resolution,

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