Real Estate

Commercial Real Estate

Our attorneys provide comprehensive services related to sophisticated commercial real estate transactions throughout the State of Delaware. Those services include advising the client on deal structure, negotiating transaction documents, ushering the client through due diligence investigations, drafting contracts and closing documentation, and coordinating transactions related to the acquisition, sale, development, financing, and refinancing of commercial properties and projects, from inception through finality.

A large part of our practice also includes the representation of both commercial landlords and tenants in complex lease negotiations and drafting. We also routinely represent property developers, borrowers, investors, and other stakeholders in the real estate sector in matters involving the issuance of legal opinions, land development and approval, negotiating purchase and sale agreements, and real estate matters involving tax planning. Our wealth of experience representing parties on either side of a transaction — landlord and tenant, buyer and seller, lender and borrower — have us well positioned to handle all aspects of our clients’ commercial real estate needs.

Residential Real Estate

Whether you are an individual, business, investor, or developer, our team of residential real estate attorneys is dedicated to providing personalized guidance through every facet of the purchase and sale, leasing, or refinancing of residential real property. We collaborate with brokers, lenders, insurers, and other participants to ensure a seamless path to closing, prioritizing efficiency and accuracy at every turn.

Our commitment extends to preserving the interests of buyers, sellers, borrowers, landlords, and tenants alike. From crafting purchase agreements and finance instruments, to drafting conveyance documents, leases, or rental agreements, we provide the essential documentation necessary to achieve our clients’ diverse objectives.

We facilitate and advise on a wide array of due diligence matters, including surveys, appraisals, zoning, and environmental issues, to ensure informed decision-making throughout the transaction. Our attorneys conduct thorough title examinations to identify and understand the implications to our clients of any easements, liens, restrictions, or other encumbrances. We issue policies of title insurance to safeguard our clients’ investments.

Our attorneys also offer reliable assistance in resolving questions of property rights, title and boundary disputes, title insurance claims, easements, condominium and HOA compliance, and other issues that impact real property and our clients’ enjoyment thereof.

Lender Representation

We represent lenders in documenting commercial real estate and asset-based loans and other financing arrangements. Our lender clients include traditional financial institutions and private equity lenders. We assist in strategizing deal structure, conducting due diligence, drafting and negotiating loan documentation required to memorialize and collateralize the transaction. We are accustomed to collaborating with teams, respect the important nature of the borrower-lender relationship, and can be relied on to provide timely and accurate lender representation.

Land Use, Zoning & Variances

Our firm represents local and regional real estate developers and owners of residential, commercial, and mixed-use properties, offering tailored guidance and solutions throughout each stage in the development process. From preliminary planning through construction and occupancy, our team is dedicated to helping clients unlock the full potential of their real estate assets. We assist clients in securing special use permits, zoning variances, and administrative exceptions and approvals necessary to ensure the progress of a project. Our firm also assists in the identification and negotiation of the various economic development initiatives, including tax abatements, grants, and subsidies, that may be available to support land development projects and spur economic growth in Delaware.

In cases where litigation becomes necessary, our attorneys stand ready to vigorously advocate for our clients’ interests, including, without limitation, challenging the validity and applicability of zoning decisions, enforcement actions, and permit denials.

Tax Related Matters

We assist clients in structuring transactions in ways to save income taxes and realty transfer taxes. Our services include (i) advice on the use of Section 1031 of the Internal Revenue Code to defer taxes by structuring and documenting transactions as like-kind exchanges, (ii) advice on obtaining charitable contribution deductions in connection with the donation of real property to charitable organizations, and (iii) advice on installment sales.

We work with local taxing authorities to negotiate reductions in property tax assessments and appeal assessments to the applicable tax appeals board. Our attorneys help clients apply for and obtain tax-exempt status for their qualifying real property.

Environmental

We work with clients on the various environmental aspects of real property. We help clients order and review Environmental Site Assessment reports in order to identify and avoid environmental liability in connection with their purchase and development of real property. Further, our attorneys advise clients who are purchasing contaminated property of the availability of governmental financial assistance and liability protection under the Delaware Brownfields Development Program and work with them to qualify for the program.

We advise on matters involving conservation easements including the negotiation and drafting of qualified agricultural preservation easements under the Delaware Agricultural Lands Preservation Act and conservation easements in connection with the gift or part gift/part sale of qualified conservation easements under the Delaware Land Protection Act, or otherwise.