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.

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,

Read More

Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

Read More

David A. Diepenbrock Joins Weintraub

Weintraub is pleased to announce that David A. Diepenbrock has joined the Firm as a Shareholder in the Firm’s Litigation and Real Estate groups. He will be based in the Firm’s Sacramento office.

Read More

Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2020 “Best Law Firms”

SACRAMENTO, CA (November 1, 2019) – Weintraub Tobin, a leading California full-service law firm, was honored to be recognized with eight first-tier rankings in the 2020 edition of U.S. News – Best Lawyers® “Best Law Firms.” The complete list of rankings is published on the U.S.

Read More

Commercial Eviction Moratoriums in California and Other Real Estate Issues Arising From the COVID-19 Pandemic

As a result of the ongoing COVID-19 pandemic, on March 16, 2020, Governor Newsom issued an executive order authorizing local governments to halt evictions, slow foreclosures, and protect against utility shutoffs.

Read More

Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

  By Mark E. Ellinghouse & Josh H. Escovedo   As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a tenant who has violated its lease.

Read More

The Wonderful Land of OZ: An Overview of Opportunity Zones

Opportunity Zones (or OZs) may be the most talked-about provision of the Tax Cuts and Jobs Act of 2017.  There are many twists and turns on the yellow brick road to completing an OZ project. 

Read More