Real Estate

EM³'s Real Estate practice advises clients on the full spectrum of real estate matters, from commercial real estate to residential closings. The team partners with clients to get these often complex, always important transactions done and has represented sellers, purchasers, developers, investors, and lenders in the initial transaction and during the post-closing phase. When issues arise, the Firm's litigation attorneys have experience with a wide array of real estate disputes, including disputes that started as evictions and ended in state Supreme Court opinions resolving important issues in our clients' favor.

The Firm's real estate experience spans office, retail, industrial, multifamily, mixed-use, hospitality, and healthcare facilities. Our attorneys handle transactions involving single-asset acquisitions as well as portfolio deals, bringing familiarity with the unique due diligence, regulatory, and financing considerations that apply to each property type.

The Firm advises developers, owners, and investors on land acquisition, construction contracts, and architect and design agreements. Our development practice addresses the full project lifespan from site selection through construction completion and permanent financing.

The Firm keeps working with clients after the transaction closes. The team knows how complex real estate deals can become and works to cover every aspect of a transaction and every contingency. The Firm regularly works with architects, contractors, rehabbers, inspectors, brokers, title companies, insurance companies, management companies, and other professionals to help clients make informed decisions on all aspects of their endeavor. It also regularly advises clients on issues related to commercial leasing, construction and development contracts, and multi-tenanted properties.

Our post-transaction practice covers commercial leasing (landlord and tenant side), property management agreements, condominium and homeowner association matters, easements and access agreements, and ongoing regulatory compliance. The Firm drafts and negotiates office, retail, industrial, and ground leases, addressing tenant improvement allowances, percentage rent structures, exclusivity provisions, and co-tenancy requirements.

The Firm also regularly assists real estate clients, both as landlords and tenants, with issues relating to their properties. The team regularly represents real estate clients on issues related to commercial leases, often going up against multi-billion-dollar opponents and prevailing over them. The team's experience also covers a wide array of issues related to commercial leases, from run-of-the-mill disputes about landlord-tenant duties to novel issues of lease formation with multiple millions of dollars at stake. Working with clients, the team has resolved such issues through negotiations and also litigated these issues in court, including before trial, appellate, and multiple state supreme courts.

• Commercial acquisitions and dispositions
• Office, retail, industrial, multifamily, mixed-use, and hospitality
• Commercial leasing (landlord and tenant)
• Real estate finance
• Real estate litigation and disputes
• Property management and post-closing operations