Real Estate
Commercial Property Acquisitions, Sales & Development
Di Santo LLP’s attorneys have represented an array of clients in the commercial real estate arena including private U.S. and foreign national investors, REITs, private equity funds, joint ventures and developers in real estate purchases, sales, participations and developments. Commercial real estate transactions often commence with selecting the legal structure that works best for you and any investors in the real estate vehicle. Di Santo LLP’s attorneys have significant experience in structuring real estate transactions for both U.S. and foreign investor groups to address their clients’ goals and exit strategy as well as ever-changing regional, national and global laws and regulations. Reaching a formal agreement is usually the next major step in a commercial property acquisition or sale. We prepare and negotiate purchase agreements tailored to meet your specific needs and concerns as well as the property’s unique use and characteristics. Once an agreement is reached, Di Santo LLP continues to work for our purchaser clients to ensure that an appropriate physical and legal due diligence of the property is performed. During the due diligence period, we advise you of any irregularities that may affect your rights or interests as a landowner and allow you to make an informed decision whether to proceed to closing. Once due diligence is completed and the property is approved, Di Santo LLP works and coordinates with opposing counsel, the title company and all parties involved to ensure a smooth and timely consummation of the real estate transaction.
Our expertise in commercial real estate transactions extents to the following types of properties:
- Single Tenant Retail Properties
- Shopping Centers
- Hotels and Hospitality Real Estate
- Office Buildings and Complexes
- Condominiums and Multi-Family Apartments
- Mixed-Use Properties
- Assisted Living Facilities
- Industrial and Warehouse Facilities
- Charter Schools
- New Construction, Remodeling and Rehabilitation of Existing Properties
Additionally, Di Santo LLP’s professionals are attuned to and regularly handle the following ancillary issues common to many commercial real estate transactions:
- Property Management Contracts
- Brokerage Agreements
- Non-Disclosure Agreements
- Ground Leases
- Franchise Agreements
- Development Agreements
- License and Permit Issues
- Contractor and Architect Agreements
- Title Disputes
- Casualty Insurance Coverage
- Escrow Agreements
- § 1031 Like-Kind Exchanges (Tax Deferred Exchanges).
- § 1445 FIRPTA Withholding Requirements.
Real Estate Investment Trusts (REIT)
Di Santo LLP has extensive experience with organizing, advising and financing REITs in all sectors, including retail, office, hotel, residential, mall and mortgage and specialty finance. Our attorneys have served as both issuer and underwriter’s counsel in numerous REIT IPOs, Rule 144 financings, and private placements. The breadth of our experience in these sectors gives us unique insight into the particular issues with regard to these asset types.
We routinely advise our clients on choosing the appropriate structure for their REIT, including UPREIT and Down-REIT structures, as well as the formation of Qualified REIT Subsidiaries (QRS) and Taxable REIT Subsidiaries (TRS) as needed.
Our REIT lawyers advise our clients on a broad spectrum of matters, including the following areas:
- Advising boards of directors and advising on Corporate Governance
- Commercial construction and development
- Periodic reports with the SEC under the Securities Exchange Act of 1934
- Compliance with the Investment Company Act of 1940 Act
- Structuring and negotiating real estate acquisitions and financing
- Bankruptcy, workouts and restructuring
- Real estate fund and joint venture formation
- Securitization of assets and portfolio loans