Commercial Real Estate Acquisition and Development
MBM lawyers have extensive experience representing clients in the acquisition, development and disposition of commercial real estate of all types, from major ground-up office campus developments, to multi-family, condominium, and subdivision developments, to acquisitions of industrial facilities and shopping centers, to hundreds of new retail store site developments in New England and throughout the country. Our lawyers have a sound understanding of the acquisition and development process, and possess the professional expertise to negotiate all pertinent real estate contracts, perform and oversee due diligence investigation, identify issues and devise practical solutions to limit our client’s risks, and generally shepherd our clients’ projects from early concept planning, to site acquisition, to construction, and to final occupancy of the building(s) and improvements.
Our lawyers handle all legal aspects of the acquisition and development process, including (among other services):
- Preparation and negotiation of purchase and sale agreements and letters of intent;
- All aspects of property due diligence, including title and survey analysis and resolution of title and site issues; negotiation of title insurance policies and special coverages; environmental assessments; overseeing property condition assessments (including Phase I environmental assessments and, where necessary, further investigations); and review and analysis of existing tenant leases and operating contracts (and negotiation of terminations where necessary);
- Special purpose entity formation, partnership agreements, homeowner association and condominium documents;
- Land use permitting, approvals and other governmental entitlements.
- Acquisition, construction and permanent financing;
- Closing on the acquisition and financing transaction, including preparation of all conveyancing documents, closing statements, authority documentation, and escrow documentation;
- Preparation and negotiation of site development agreements and construction contracts; and
- Preparation and negotiation of reciprocal easement agreements, declarations of covenants, conditions and restrictions, utility easements, access easements, stormwater/drainage detention easements, signage easements, and other off-site rights and easements.
Expert. Reasonable. Responsive. Likeable. Yes, likeable lawyers. We think it all matters.
We have a very business-oriented philosophy in representing clients in these transactions, and are driven to achieve our client’s business objectives. While we are trained, and are relied upon, to identify legal issues and potential risks to our clients, we believe that our highest value is our ability to devise practical and cost-effective solutions that not only protect our clients’ interests but also make sense for both parties. Quite simply—our consuming objective is to get our clients’ deals to closing.