At GKK, real estate law has been the cornerstone of our law firm. Our commercial real estate lawyers represent clients in all aspects of the real estate cycle - from the initial consideration through the entirety of the transaction lifecycle, and post deal activity. We have a reputation for responsiveness and the experience necessary to provide high-valued service to meet any of your real estate legal needs.
Keenly aware of the volatility of the real estate market and cycles, our lawyers have the skills to advise clients more effectively with creative and forward-thinking strategies to find unique ways to maximize cash flow. No matter the size, scale, or complexity of a transaction, GKK is equipped to deal with and handle every stage of a commercial real estate project. When planning a real estate transaction, the earlier our real estate lawyers can discuss the matter and help in the planning process the more value that can be delivered.
Our experience throughout the United States enables us to provide a broad spectrum of services, including the following types of transactions:
Do You Need A Real Estate Lawyer?
We highly encourage you to work with an experienced real estate legal team that understands the complexities of each real estate transaction. In our experience, we have never worked with a client that has regretted seeking legal expertise.
As highly experienced real estate lawyers, we are able to guide you through your real estate needs. We develop the strongest and most effective strategy that is informed by our decades of experience to achieve your real estate goals. There is a lot at stake in real estate affairs and properly approaching each conflict according to the legal questions at hand is critical to protecting the interests of our clients.
Three Lessons Learned By People Who Don’t Work with a Real Estate Lawyer
While our lawyers have worked with clients at various stages of their real estate transactions, we highly encourage them to begin working with us as soon as possible. The earlier in your transaction that you contact us, the earlier we will be able to help. We have met with clients who attempt to complete their real estate transactions without a lawyer, setting themselves up for failure from the beginning. Some examples and common mistakes that we have found include:
1. Signing the Lease without Negotiation
This is the most common mistake that real estate owners can make. They will be stuck with poor terms and unable to adjust, as once the lease is signed, there is little room for adaptation.
2. Lack of Standard Operating Agreements
In several cases, we find that real estate owners, leasers, or investors don’t think about buyout opportunities or potential fraud and are therefore unable to terminate an agreement with an unsavory business partner. This limits their opportunities to discontinue an agreement with a real estate partner that is not contributing to the success of the project.
3. Poor Financing and Loan Set Up
When this occurs, the client cannot sell or refinance, limiting negotiations. This is yet another missed opportunity that a real estate lawyer would have been able to guide the real estate client through.
Real Estate Transactions
Acquisitions & Dispositions
We have an extensive practice working with clients to ensure their acquisition and disposition needs are met. Our lawyers and professional staff are equipped to handle all of the following:
- the review of title documents, surveys, and title insurance commitments
- the negotiation and drafting of real estate documents
- the formation of business entities to address liability and tax issues
- the investigation, analysis, and risk allocation of environmental matters
- the due diligence and analysis required to obtain any federal, state, and local permits or approvals
Community Associations & Commercial HOA’s
- Community associations generally oversee a mix of properties, landscaping and recreational facilities on one land allocation. Our real estate lawyers will be able to work with clients on a range of legal matters, including:
- Drafting and amending declarations, bylaws, and procedures
- Collections, including demand letters, claims of lien, collection litigation, and foreclosures
- Interpretation and amendments of governing documents
- Covenant and policy enforcement
- Education and training for staff and board
- Contract drafts, dispute resolution, and reviews
- Lawsuits and mediation
- Developer disputes and transactions
Community development transactions require patience and dispute resolution abilities. Such projects often require multiple layers of debt and equity financing and the coordination of both public sector and private parties. Our real estate lawyers understand the regulatory, tax, and practical ins and outs of these projects, and we stay with them through the long process of bringing them from concept to occupancy.
Condominium Development & Conversions
We have extensive experience advising individuals and developers in condominium development conversions. We are well-versed in the intricacies of state and local laws that govern condominium conversions throughout California.
Construction real estate transactions require considerable planning, negotiating, and drafting. It is crucial that you work with a commercial real estate lawyer to ensure real estate owners are set up for success while avoiding signing construction contracts that will prove detrimental to the project.
Entity Formation and Operations
While investing in real estate can bring an abundance of benefits, it comes with several potential risks. Owners often prefer to form an LLC when purchasing or transferring real estate so that the LLC becomes the legal owner of record and not the individuals. Our real estate lawyers will work with you to determine if entity formation is beneficial for our client’s real estate transaction, while guiding you through the process to reduce risks.
Environmental due diligence in real estate transactions involves the assessment of known, potential, and contingent environmental liabilities and obligations associated with a parcel of property to be acquired.
Financing real estate transactions are extremely complicated and one of the most common transaction types we guide our clients through. When exploring financing options, it is crucial to:
- Identify the need for capital
- How much capital do you need?
- Keep tabs on your credit profile.
- Be prepared to access the necessary information.
Our real estate lawyers handle commercial leasing for tenants, landlords, subtenants and lenders for various types of configurations. Leasing transactions can also give rise to environmental, zoning and permitting issues, so we provide legal counsel for these issues and perform any necessary due diligence. We advise and assist lenders with lease reviews for real estate financing transactions.
Real Estate Joint Ventures
Joint ventures allow multiple people, or businesses, to combine their resources to complete a deal. They enable the opportunity for further growth by combining the resources of more than one shareholder to potentially increase the success of the real estate transaction. When working with a real estate lawyer, they will be able to bridge the gap between each party involved and expand opportunities for mutual growth.
Retail & Mixed-Use Development
Mixed-use development provides more than one use or purpose within a shared building or development to offer a convenient space for several types of potential uses and visitors. Management of a mixed-use development can present a wide array of challenges, but also provides multiple opportunities. When developing mixed-use spaces, our real estate lawyers will be able to guide you to understand the requirements of these unique community environments and the people inhabiting these structures.
Secured, Unsecured, Bridge & Mezzanine Financing
There are various types of financing options available for your real estate transaction. Understanding how to appropriately finance your transaction will directly correlate to the timeline of the return on your investment.
Tax-Deferred Transactions & 1031 Exchanges
A 1031 exchange is a swap of one investment property for another and they require a significant understanding of the IRS’s rules and regulations. The properties being exchanged must be considered like-kind in the eyes of the IRS for capital gains taxes to be deferred. The rules can apply to a former primary residence under very specific conditions.
Tax-deferred transactions, such as 1031 exchanges, enable the opportunity for your money to grow with no taxes owed until you request a withdrawal. If you are engaging in a tax deferred transaction, our real estate lawyers will guide you through the process to ensure you are abiding by the necessary rules and regulations.
How Does Billing Operate?
When our commercial real estate lawyers engage with our clients, we understand that each real estate client is different. Depending on how intricate your real estate planning needs are, your investment may differ and we will work with you to determine the best course of action for you. We will work with you to develop a timeline and a payment plan that works in your best interest and that you are comfortable with.
While pir primary billing is hourly, we accommodate a flat fee billing accommodation. Regardless of how you are billed, we remain committed to providing you with efficient legal services and responsive communication.
Consult with Our Skillful Commercial Real Estate Lawyers Today
We welcome you to contact our team of real estate lawyers to determine the best course of action for your real estate transaction. Contact us to schedule a meeting with a member of your legal team today. We have offices in both Los Angeles and Irvine to best serve our clients, and have worked with clients through the US.
Learn How Our Irvine and Los Angeles Corporate Lawyers Can Help
Company owners should concentrate on their businesses, which is why the corporate attorneys of Gordinier Kang & Kim LLP, are ready to assist with all types of corporate legal matters. Contact us to schedule an appointment today.