Hinshaw & Culbertson LLP
Real Estate & Lending
While real estate today is a complex industry, it remains one in which individuals are critical and local contacts important. Our Real Estate Practice Group is nationally recognized but deeply connected to the communities in which we practice. This provides clients with both the expertise and access to local contacts that they need.
We have experience handling transactions of local, regional and national prominence for a wide range of individuals and businesses. Also, because these matters often implicate a wide variety of legal issues, our attorneys who are highly skilled in areas such as business formations and restructurings, securities and taxes are always at-the-ready to assist our clients when necessary. So we staff matters sensibly.
Financing and Development Services
We have successfully guided clients from inception to conclusion, and beyond, through countless local, regional, national and international real estate projects. The focus of projects we handle includes casinos, condominium developments, hotels, industrial facilities, office parks and shopping centers.
Specifically, we regularly assist our clients with: creating conduit financing arrangements; drafting and negotiating option and purchase contracts, construction agreements and leases for projects under development; evaluating and structuring potential tax increment financing arrangements; joint venture efforts; negotiating and structuring real estate transactions to subsidize property developments; and negotiating the terms of financing.
Acquisition and Disposition Services
We routinely assist businesses and entrepreneurs with single- and multi-site property sales across the United States, providing the advocacy needed to prevail in tough negotiations and obtain the best possible deal. For many transactions in applicable jurisdictions, we are involved in issuing the title commitment and final title insurance policy and addressing title issues that may affect the transaction. Additionally, we are agents for several national title insurance companies.
We handle all maters related to individual and multi-site commercial and residential property acquisitions and dispositions, such as: corporate restructuring to facilitate the buying, selling and/or management of real estate; easement agreements; identifying and evaluating 1031 like-kind exchanges and implementing such exchanges as appropriate; land annexation and assembly; secured lending; and tax planning.
Leasing Services
We have extensive experience helping landlords and tenants draft, negotiate and review complex industrial, office and retail leases that facilitate their business objectives and protect their interests. Our work within and outside the United States includes: assisting in developing short-term and long-term lease arrangements; creating pre-lease agreements; drafting, negotiating and reviewing gross, ground, triple net and other leases for landlords and tenants; and representing landlords and tenants in lease disputes.
Environmental, Land Use and Zoning Services
Nationally recognized for adeptly handling environmental matters, our real estate attorneys help businesses succeed and meet their goals by: analyzing and advising on contamination issues; conducting impact and zoning studies; counseling on risk limitation and mitigation matters; executing due diligence efforts; and providing representation before administrative boards.
Real Estate Litigation and Dispute Resolution Services
Representing clients in property-related disputes forms a major part of Hinshaw’s real estate practice. Topics that we have handled in litigation or alternative dispute resolution include: bankruptcies; concealment of defects; condemnation/eminent domain matters; contract disputes; environmental and land use issues; foreclosures; landlord/tenant disputes; mechanics’ liens; real estate tax appeals; workouts; and zoning.
Hinshaw & Culbertson LLP
Gateway One
701 Market St #1300
Saint Louis MO 63101
Tel: 314 241-2600
Fax: 314 241-7428
Real Estate
While real estate today is a complex industry, it remains one in which individuals are critical and local contacts important. The attorneys in the Real Estate Practice Group of Hinshaw are nationally recognized in their fields but remain deeply connected to their communities. This provides clients with both the expertise they need and contacts with those communities in which our offices are located.
We offer clients:
* Financing and Development Services ranging from developing intricate financing techniques to creating joint ventures to setting up ownership structures
* Acquisition and Disposition Services concerning matters including land annexation, easement agreements and tax planning
* Leasing Services involving issues such as lease negotiation, lease dispute resolution, and pre-lease arrangements
* Environmental, Land Use and Zoning Services running the gamut from assistance with regulatory compliance to helping with impact studies
* Real Estate Litigation and Dispute Resolution Services dealing with bankruptcies, foreclosures, workouts and many other issues
* Ancillary Services based on our ability to provide local counsel and bring in to a project Hinshaw attorneys whose practices focus on specialized areas of law, such as insurance and taxation
Our experience handling transactions of local, regional and national prominence has given us the insight to see the doors that invariably open when others close. And operating out of 25 offices across the United States, we deal personally with the people and businesses we serve. Our attorneys deliver solutions directly to individual decision makers and respond personally when called.
We also have personal experience dealing with a wide range of clients and issues related to real estate. We approach our work with a real understanding of how our advice on one issue impacts the many facets of our client’s project. In short, at Hinshaw we help our clients realize their real estate-related business objectives by combining our nationally recognized experience, our ability to understand our clients’ needs and our extensive local presence.
Financing and Development Services
The real estate business today involves a combination of business and technical expertise. To effectively service clients working in the area, a law firm must understand the industry on the highest levels and also recognize that individuals remain in control of events and decisions.
At Hinshaw, we promise dedicated, personal attention and give advice based upon the special insights that come from having handled countless complex projects of national prominence. Recognizing also that connecting people and businesses is often crucial to project financing and development, we help business leaders forge the alliances essential to successfully funding and developing real estate.
Our accomplished Real Estate Practice Group attorneys have successfully guided clients from inception to conclusion, and beyond, through countless local, regional, national and international real estate projects. We take a practical approach to helping businesses, operating, literally, on the ground, working directly with project participants and relying on creativity to resolve problems that others see as roadblocks. The wide range of activities we regularly engage in includes:
* Advising clients on industrial development issues
* Assisting in creating conduit financing arrangements
* Counseling clients in negotiating and structuring real estate transactions so as to subsidize property developments
* Developing state-of-the-art shopping center leases
* Drafting and negotiating option and purchase contracts, construction agreements and leases for projects under development
* Evaluating potential tax increment financing arrangements and structuring such transactions
* Facilitating joint ventures
* Handling zoning matters, such as determination and approval of zoning, obtaining conditional or special use permits and putting planned unit developments in place
* Helping businesses and lenders prosper through long-term real estate financing
* Negotiating agreements with architects, engineers and general contractors, including design-build contracts
* Negotiating the terms of financing, such as seed capital, SBA financing, venture financing and follow on rounds of financing
* Representing clients in regulatory matters affecting property development
* Setting up ownership structures
* Working with bank syndications and other lenders on large-scale real estate financings
The focus of projects we handle includes casinos, condominium developments, hotels, industrial facilities, office parks and shopping centers. Having helped business leaders advance such a diverse range of undertakings, we know how to empower our clients with the array of links they need to prosper.
A successful sale is one in which the right parties come together. But finding and engaging the best partner to a real estate transaction can be challenging. At Hinshaw, we routinely assist businesses and entrepreneurs with single- and multi-site property sales across the United States, providing the advocacy needed to prevail in tough negotiations and obtain the best possible deal. We personally engage participants involved in these transactions and use common sense judgment to ensure our clients meet their business objectives and thrive.
Hinshaw’s Real Estate Practice Group counsels clients in, among others, the financial, gaming, hospitality, medical, real estate development and retail industries. We handle all matters related to individual and multi-site commercial and residential property acquisitions and dispositions, such as:
* Acquiring and disposing of major hotels
* Corporate restructuring to facilitate the buying, selling and/or management of real estate
* Easement agreements
* Identifying and evaluating 1031 like-kind exchanges and implementing such exchanges as appropriate
* Land annexation and assembly
* Mixed-use developments
* Sale/leaseback transactions
* Secured lending
* Tax planning
For many transactions in applicable jurisdictions, we are involved in issuing the title commitment and final title insurance policy and addressing title issues that may affect the transaction. Additionally, we are agents for several national title insurance companies.
Because real estate transactions also implicate a wide variety of legal issues, our attorneys are highly skilled in areas such as business formations and restructurings, securities and taxes are always at-the-ready to provide their advice and counsel. We staff matters sensibly, enjoying the luxury of being able to call upon our skilled colleagues to provide our clients seamless, personalized advice when necessary.
Leasing Services
To successfully advise a client on leasing property, an attorney must have a skilled legal mind and an advanced, thorough knowledge of the rental marketplace. It also takes an ability to see opportunities where others see only challenges. Personally active within local communities and well-versed in handling leases with a national perspective, Hinshaw’s Real Estate Practice Group attorneys draft, negotiate and review complex industrial, office and retail leases.
We help landlords and tenants enter into rental arrangements that facilitate their business objectives and protect their interests. Our work within and outside the United States includes:
* Assisting in developing short-term and long-term lease arrangements
* Creating pre-lease agreements
* Drafting, negotiating and reviewing gross, ground, triple net and other leases for landlords and tenants
* Helping owners increase the utilization of their properties through leasing measures
* Organizing and preparing letters of intent
* Representing landlords and tenants in lease disputes
* Structuring commercial, office, residential and retail leases between national and local businesses
In many instances this work forms just one of the several necessary components of our across-the-board assistance for lenders and developers. We approach it with an appreciation of how it impacts our clients’ short- and long-term business objectives.
Environmental, Land Use and Zoning Services
The growth of environmental law compliance issues affecting real estate projects continues unabated. For a law firm to properly assist clients with these issues, the right formula continues to include a thorough understanding of local, state, national and international laws and a familiarity with individual owners, administrative boards and properties. At Hinshaw, we are, quite literally, on the same ground as our clients. We communicate directly with decision makers, view their properties and aggressively represent their interests before interested government officers. And because several of us are former environmental board members, we use our resulting special expertise to ask the right questions, provide our clients with understandable answers and develop the right solutions.
Nationally recognized for adeptly handling environmental matters, our real estate attorneys help businesses succeed and meet their goals by:
* Analyzing and advising on contamination issues
* Crafting and helping implement land use changes
* Conducting impact and zoning studies
* Counseling on risk limitation and mitigation matters
* Executing due diligence efforts
* Painting accurate, compelling and persuasive images of the big picture in addressing environmental compliance issues before administrative boards
* Representing private landowners and municipalities in condemnation matters
* Reviewing Phase I and II environmental reports
We consider environmental matters for clients as soon as our relationship begins and thereby routinely discover early on what might otherwise later become a complex, if not costly, problem. But when unforseen problems involving toxic substance leaks, wrongful non-disclosures and other issues arise and threaten a project, we don’t panic. Rather, we draw upon our extensive experience and relationships to develop sound, and sometimes creative, solutions.
Real Estate Litigation and Dispute Resolution Services
Representing clients in property-related disputes forms a major part of Hinshaw’s real estate practice. We are respected by leaders in the real estate industry because of our personal responsiveness, our common sense advice and our track record of winning or settling tough cases. And we live and operate in the same communities as our clients. Rather than understanding our clients and their problems merely theoretically, we understand them thoroughly, in ways that many other large firms cannot.
Topics that we have handled in litigation or alternative dispute resolution include:
* Bankruptcies
* Concealment of defects
* Condemnation/eminent domain matters
* Condominium development disputes
* Construction-related issues
* Contract disputes
* Environmental and land use issues
* Foreclosures
* Landlord/Tenant disputes
* Mechanics’ liens
* Real estate tax appeals
* Specific performance involving the purchase and sale of real estate
* Title insurance
* Workouts
* Zoning
Based on our national presence and extensive experience handling litigation and alternative dispute resolution we’re also adept at picking the right forum in which to resolve disputes. For the same reasons, we are known and respected by the judges, arbitrators, mediators and others before whom we regularly appear. In short, Hinshaw is ideally placed to successfully engage in real estate disputes involving single or multiple properties because we handle local disputes with the familiarity and ease that longtime practice and relationships produce.
Ancillary Services
People and businesses working on real estate-related matters, even those national or international in scale, should not have to engage the services of an array of law firms to handle their legal needs. Doing so not only results in wasted time bringing various attorneys up to speed on your business; overlapping responsibilities; and oftentimes higher costs, it also produces inferior results based on lack of communication and coordination between the involved lawyers. In addition to offering highly experienced, skilled attorneys who dedicate their practices to real estate matters, we set ourselves apart from many other firms by leveraging our large, multipractice, multisite firm to our clients’ advantage. With access to, and an interest in using, cost- and time-saving technology, we make every effort to provide the highest quality services in a personal, timely and financially-sound manner.
We regularly draw on the legal skills and experience offered by our colleagues in the firm. In doing so, we work closely with our governmental regulation practice lawyers on matters in which real property developers and owners interface with local, state and national governmental bodies; with our construction lawyers, who provide a full range of litigation and transactional legal services in construction law; with the firm’s tax group, which regularly advises on the diverse range of taxation-related matters implicated in property transactions; with our Insurance Services Practice Group attorneys, who are highly knowledgeable of insurance coverage arrangements; with our immigration lawyers, who assist international investors in U.S. real estate; and with our Labor & Employment Practice Group, which provides a full range of services, including risk management tools, to employers.
Drawing upon our impressive experience, size and geographic scope, and providing personal attention and tailored solutions, we help clients in the real estate industry realize their business objectives.
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