Commercial Real Estate Attorneys

Weintraub Tobin’s Commercial Real Estate attorneys have played a critical role in the growth and development of the greater Sacramento Region and communities throughout the state, representing clients in many of the largest and most complex real estate transactions and related financing structures to date. Whether these matters have involved the birth of a project, early-stage development, asset management, financing or disposition, or active disputes in arbitration and before the state and federal courts, our attorneys excel in providing reasoned, tactful guidance to help achieve client goals and minimize risk throughout the process. Our clients include developers, investors, financial institutions, homebuilders, property managers, brokers, contractors, construction companies, public entities, and high-wealth individuals. Our real estate attorneys practice throughout California, assisting in matters involving a wide variety of industries and asset classes and ranging from small to multi-million dollar transactions.

Of the diverse collection of matters in which our real estate team provides legal services, we have extensive expertise in the following:

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, workplace safety, and construction contract disputes. This…

  • When: Aug 4, 2020
  • Where: Webinar

Real Estate Attorney David W. Creeggan joins Weintraub Tobin

Weintraub is pleased to announce that David W. Creeggan has joined the firm as a shareholder in the Real Estate group. He will be based in Weintraub’s Sacramento office. Dave handles commercial real estate matters involving acquisitions, dispositions, tax-deferred exchanges, development, title, financing, and sale-leaseback transactions, as well as commercial…

35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…

Weintraub Tobin Elevates Four Attorneys to Shareholder

Sacramento, CA (January 1, 2021) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Meagan D. Bainbridge, Jessica R. Corpuz, Josh H. Escovedo, and Daniel C. Kim have been elected Shareholders in the Firm. Meagan Bainbridge is a member of Weintraub’s Labor and Employment and…

COVID-19 Commercial Tenant Eviction Update

As March approaches, we are poised to hit the two-year anniversary of California’s March 4, 2020, State of Emergency Proclamation relating to the COVID-19 health crisis. In the months that followed, we watched federal, state, and local governments adopt myriad laws, rules, emergency orders, proclamations, declarations, ordinances, and mandates, creating…

New California Laws Affecting Real Estate in 2022

After surviving holiday family dinners, a few-too-many champagne toasts, and a record-breaking snowstorm, this team is ready to turn its sights to a new year and the exciting projects that are in store.  To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we…

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, most commentators project continued growth, development and overall volume. Many…

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, frustration of purpose, and impossibility/impracticability, were generally overlooked in real estate transactions until life-altering global events required their…

Litigation Update: North Carolina Court Finds Insurers Liable Under Business Interruption Policies for COVID Losses Resulting from Shutdown Orders

In our last update, we highlighted a recent case out of the US District Court of Missouri (Studio 417) in which the court issued a preliminary ruling that allowed a group of policyholders to proceed with claims against their insurers based on allegations that the insurers wrongfully denied claims due…

Recent Federal Decision Regarding Business Interruption Insurance Could Mark a Turning Point for COVID-Affected Businesses (Updated 9/29/2020)

Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations…

Recent Case Confirms Need for Landlords and Tenants to Address Force Majeure and COVID-19 in All Current and Future Agreements

While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual relationships, which are typically based on factual assumptions that, due to unexpected conditions like COVID-19, may no…