Nature of Real Estate Practice

For more information about this practice area, please contact James M. Groner.

Bailey Cavalieri's real estate practice includes active involvement in the structuring of the basic and complex real estate transactions, including general business, tax and real property considerations and alternative methods of owning, financing and operating the various components of the real estate project for corporations, partnerships, limited liability companies, trusts, financial institutions, and individuals. Representation of a client usually continues throughout the project's life, from acquisition to development and construction financing, equity infusion, construction, leasing and management, permanent financing, refinancing and disposition.

We regularly utilize attorneys from the bankruptcy, corporate, environmental, finance, litigation and tax practices when those disciplines are relevant to a particular transaction.

Business and Tax Planning

The real estate group, oftentimes in conjunction with the tax and corporate departments, counsels clients on the formation of entities for participation in transactions and on other business and tax related issues. We possess significant expertise in partnership, LLC and corporate issues. Our group works with clients to obtain maximum tax benefits relating to transactions, including, for example, planning and closing deferred like-kind exchanges of real property, structuring tenant improvement allowances and structuring acquisitions and dispositions of real properties.

Development and Land Use

We are active in the acquisition, development and disposition of significant real estate projects on behalf of developers, owners and investors. We are regularly involved in assemblages of properties, as well as construction of new projects and renovation and rehabilitation of existing projects. Projects represent the full range of real estate development, including public facilities, office buildings and office parks, land development, single-family and multi-family residential projects, medical office buildings, warehouses, retail centers and mixed-use projects.

Economic Development Incentives

We provide advice to our clients in obtaining economic development incentives from the local, county and state authorities in order to purchase, construct or renovate real estate projects. The economic development incentives have been in the form of tax increment financing, real estate tax abatements, community development incentives and job creation tax credits.

Environmental Due Diligence, Remediation and Compliance

We provide a full range of environmental law services to businesses and governments. Today's environmental issues touch every sector of business and government. Federal and state "Superfund" laws, judicial decisions expanding liability, and continuing legislative efforts to increase responsibility for environmental activities combine to make it essential that lenders, real estate professionals, manufacturers, service companies, mining and oil and gas stations, insurers and governmental entities carefully consider environmental aspects of conducting business. So too, businesses seeking to acquire the assets of other businesses must be concerned with potential liabilities or past environmental activities. In addition, public and private entities alike must maximize all potential resources and plan for environmental issues when working on real estate development projects involving distressed properties (Brownfields). Whether in governmental agencies, the statehouse, the courtroom, or the boardroom, Bailey Cavalieri's attorneys can be found each day helping our clients successfully deal with their environmental matters.

Financing

We have extensive experience representing lenders and borrowers in financing transactions of all types. We act as regular counsel to numerous financial institutions on loans secured by all types of real estate, including office, industrial, retail and residential. Our representation includes the initial structuring, documenting and negotiating of transactions, as well as due diligence with respect to underlying real estate issues. The financing transactions include conventional mortgage financing, industrial revenue and development bonds, adjustable rate taxable securities and sale leasebacks.

Joint Ventures

We have worked with numerous clients on structuring and implementing joint ventures. The combination of two or more parties can result in a successful transaction which otherwise would have been unattainable. Our attorneys have acted both as a catalyst for these joint ventures and played a significant role in the structuring and documenting of those relationships.

Land and Project Acquisitions and Sales

We advise buyers and sellers in transactions involving sales and acquisitions of real estate of every asset class on both a portfolio and individual property basis. We are experienced in the specialized requirements of transactions involving office buildings, shopping centers, hospitals and nursing homes, residential buildings and air rights and development sites. We have also represented clients in tax-free exchanges and other investment structures.

Leasing

The real estate group has extensive experience in leasing transactions, both on behalf of landlords and tenants. Our practice extends to all types of leasing, including ground lease, retail, office, industrial and residential lease transactions.

Litigation

Members of our practice group are active in representing the interests of real estate lenders, developers and owners in a wide spectrum of litigation matters involving the purchase, sale, leasing, operation, construction and financing of real property.

Restructurings and Workouts

We have extensive experience in the bankruptcy and debtor/creditor rights practice areas. Our attorneys represent businesses and individuals in litigation and transactional matters involving troubled and financially distressed businesses and consumers. The attorneys in the debtor/creditor rights practice have represented both debtors and creditors in numerous out of court workouts thereby lessening the costs and delays of a bankruptcy filing. We use our experience representing both creditors and debtors to enable us to better advise our clients about their respective rights.

Zoning and Land Use

We provide land use advice and counsel to developers and users of commercial, retail, industrial and residential facilities. Such land use representation includes zoning, environmental, historic preservation, legislative and litigation services. We have experience in obtaining rezonings, variances, approval of planned unit developments and transfers of development rights. We also represent governmental authorities in regard to the interpretation and enforcement of local zoning regulations.