Real Estate Transactions
Since its founding, Hill Farrer & Burrill LLP has been recognized for its expertise in advising clients on a broad range of real estate issues. The transactional real estate practice of Hill Farrer is primarily investment-based, involving the representation of investors, landowners and commercial users in financings, acquisitions, dispositions, development, leasing, land use and environmental matters. The firm’s real estate lawyers regularly advise clients in the areas of land use, zoning, condemnation, environmental contamination and contractual disputes. Our real estate department clients include banking institutions, railroads, governmental agencies and private developers, as well as public and private corporations, partnerships, limited liability entities and individuals involved in a wide variety of businesses.
The firm’s real estate attorneys have represented both lenders and borrowers in all aspects of financing office buildings, industrial and warehouse facilities, retail centers and multi-family housing developments. Such representation includes the negotiation and drafting of loan commitments and loan documents, negotiation and issuance of legal opinions, the performance of legal due diligence, including the review and analysis of title, leasing and environmental matters, and the resolution of a variety of issues that arise during the financing process. Hill Farrer real estate attorneys have substantial experience dealing with issues arising out of the stringent requirements for the structure of borrowers, including special purpose entities and bankruptcy remote provisions. Hill Farrer’s real estate attorneys have substantial expertise and experience in the restructure of loans and other real estate investments, as well as the exercise of the remedies of secured creditors in the context of receiverships, judicial and nonjudicial foreclosure actions, deeds in lieu of foreclosure and bankruptcies.
In addition, Hill Farrer’s real estate attorneys regularly advise clients on such diverse matters as the acquisition and disposition of real estate assets, leasing and land use issues. Many of the transactions handled for the firm’s investment clients include issues involving property contaminated by hazardous materials. Transactions are often structured in a tax advantaged manner, including tax deferred exchanges and complex ownership structures.
Hill Farrer attorneys have, for many years, represented clients with projects in redevelopment areas and as partners with redevelopment agencies. We have experience drafting and negotiating a wide variety of agreements with such agencies, including development agreements and a wide variety of agreements providing development incentives for investors and developers working with such agencies. The firm’s attorneys have developed expertise in the statutory authority that underlies the redevelopment process in California, as well as familiarity with all aspects of the exercise by these agencies of their powers, including eminent domain, to meet their affirmative public obligations. While each project has unique characteristics, certain fundamental laws, principles and strategies govern the redevelopment process. The firm’s experience has led it to be considered well regarded in this field.