Acquisitions – Sales – Exchanges

A party confronting a sale, acquisition or tax-deferred exchange of commercial property faces many difficult questions.

How should the acquisition be structured? Is a letter of intent necessary? What material provisions should the purchase and sale agreement contain? Is a long-term ground lease or joint venture an alternative? How will income tax consequences affect the transaction – should an installment sale or tax-deferred exchange be considered? These questions are only the beginning. The parties will also be affected by issues discovered during due diligence, environmental risks, financing contingencies, deposit structures, insurance requirements, representations, warranties and indemnities and relationships with the brokers and escrow holder. We help buyers and sellers develop sound strategies for successful real estate transactions and fairly allocate risk in the contract terms. If a dispute arises, we collaborate with attorneys in our Litigation Group to defend or prosecute the claim to resolution, whether in arbitration, mediation or trial.