Real Estate Transactions

In addition to advising clients in the business arena, we provide a range of legal services needed to purchase, develop, finance, lease, and sell commercial properties. We are widely experienced in navigating today’s challenging development climate, from land acquisition through entitlements, leasing, development, and disposition.

We advise our real estate clients regarding acquisition contract negotiations and detailed due diligence review. As a transaction proceeds, our team can take the lead in negotiating sophisticated financing arrangements with institutional lenders, joint venture partners, private equity investors, and equity partners. During the design phase, we negotiate consulting agreements, covenants, easements, and development agreements. For project lease-up, our expertise in commercial retail and ground leasing provides owners with needed protections and detailed documentation. We can prepare the construction and construction management agreements required for vertical development and property management agreements for project operations.

The firm’s areas of practice in financial, business, and real estate transactions include the following:

  • Real estate acquisition and structuring of investment entities.
  • Real estate leasing representation of landlords and tenants, including complex regional shopping center leasing with national big box retailers, supermarkets, department stores, drug store chains, office supply stores, banks, restaurants, merchandise retailers, and office space tenants.
  • Office lease preparation and negotiation.
  • Conventional and vertical real estate development projects, including multi-use projects, office and hotel complexes, shopping centers, residential projects, marinas and celebration venues.
  • Loan transactions, including construction, mezzanine, and permanent financing.
  • Closing representation of sellers and purchasers in complex real estate transactions.
  • Agreements concerning shopping centers, industrial parks, mixed use developments, and residential projects, including ground leases, reciprocal easement agreements, covenants, and cost sharing mechanisms.
  • Business entity formation and consultation with tax advisors, including preparation of organizational documents for limited liability companies, corporations, and partnerships.
  • Joint venture agreements and private equity investments through private offering memoranda.
  • Employment, non-compete, brokerage, and consulting agreements.

Real Estate Sales, Acquisition, and Development

  • Commercial and residential project development and redevelopment
  • Due diligence review for real estate and business acquisition
  • Site development, including joint venture agreements, development agreements, ground leases, and easements
  • Contract documentation for professional services, including contracts for engineering, environmental studies, construction, property management, brokerage, development, and architecture
  • Real estate closing consultation and financing documentation for sellers and purchasers

Leasing

  • Transactions for landlords, tenants and property managers
  • Retail leasing, including big box, anchor, in-line, and pad site tenants
  • Office building leasing and management
  • Industrial leasing

Business Transactions

  • Business structure and entity formation
  • Contract and lease negotiation
  • Business and real estate financing
  • Closing representation
  • Asset sales and purchases

Financing

  • Acquisition, construction, permanent, mezzanine, and private equity financing consultation
  • Workouts and debt restructuring
  • Documentation for institutional loans and private investors
  • Seller take-back financing

Entity Formation  & Business Planning

  • Entity choice, business structure, and entity formation
  • Organizational documents for corporations, partnerships, and limited liability companies
  • Business dispute resolution
  • Stock, asset, and business transfers

To discuss your immediate or long-term needs and legal options, contact us.

Attorneys Focusing on this Practice Area

Relevant Cases

The Inn at the Chesapeake Bay Beach Club

$30,000,000 multi-phase entity structure, financing and development of The Inn at the Chesapeake Bay Beach Club, Queenstown, MD.

839 Bestgate Road

$7,200,000 purchase of office building located at 839 Bestgate Road, Annapolis, Maryland, representing purchaser, Glen Frost, Esquire.

Nabbs Creek Marina

Purchase and financing of Nabbs Creek Marina, Glen Burnie, MD by The Trident Marine Group, LLC.

 

Yacht Maintenance Marina

$4,000,000 purchase of Yacht Maintenance Marina, Cambridge, Maryland.

The Trident Marine Group, LLC

Refinance of three marina properties owned by The Trident Marine Group, LLC, Annapolis, MD

Defense of local family owned business in discrimination case.

Successful defense of complaint in the EEOC for discrimination based on race, age and disability.  The EEOC found no evidence of discrimination after evidentiary briefing.

Defense of breach of residential real estate contract action and prosecution of third party claim against real estate agent.

Successful defense of defaulting purchaser in action based on breach of contract by seller.  Upon default, the sellers sold the property for $300,000 less than the purchase price in the original contract.  YVSM brought successful third-party claim against real estate broker representing the purchaser for professional negligence in providing advice to defaulting purchaser.

Representation in commercial post-foreclosure litigation.

Acting as the primary substitute trustee and counsel for various foreclosing lenders in commercial foreclosures of properties located throughout Maryland and Washington, D.C.; many properties have sold for several million dollars, and Ms. Hopkin has also successfully represented lenders in subsequent post-foreclosure litigation, including interpleader actions and successful dismissal of the borrower/owner’s appeal of a foreclosure.

Counsel for commercial foreclosing lender.

Serving as the primary substitute trustee and counsel for foreclosing lender in commercial foreclosures of multiple apartment complexes located in the District of Columbia and Maryland, that each respectively sold for several million dollars.

Trustee and Counsel for SBA foreclosure matters.

Acting as primary substitute trustee and counsel for several different foreclosure matters involving the Small Business Association and its 504 Loan and secondary market pooling program.