Acquisition and Disposition

Manatt's attorneys have an extensive knowledge of the real estate industry and deliver the highest quality transactional expertise and market insight needed for a successful, expedited project.  Our experience is not limited by the type of asset.  Our projects involve a number of different types of properties, including raw land, commercial, retail, office, industrial, mixed-use, hotel, time share, golf course, winery, senior housing, health-care and resort properties.  Manatt clients include domestic and foreign developers, institutional developers, pension funds, not-for-profits, landlords and tenants, lenders, regular and special servicers, borrowers, private investment funds, contractors and other parties involved in the acquisition, planning, financing, development, leasing, lease auditing, syndication and disposition of real property.  Our attorneys handle transactions from acquisition through financing, entitlement, construction and disposition.  Manatt's approach to each of our projects is to be actively involved in the structuring, negotiating and documenting and, when necessary, restructuring of transactions.  Throughout the acquisition process, we assist our clients in understanding the value of the asset they are purchasing and provide an assessment of how it can best be utilized in the future.  We proactively identify and address potential problems so that the unexpected does not occur.  Our efficient and thorough approach to due diligence, including an in-depth review of title documents, surveys, zoning and land use conditions, enables our clients to avoid any potential pitfalls, including unexpected environmental liability.  We draft and negotiate purchase and sale agreements on behalf of our clients, as well as ground leases, letters of intent, option agreements and estoppel certificates.  We have extensive experience forming and implementing joint ventures, using limited liability companies, partnerships, real estate investment trusts (REITs), S corporations, private entities and other entities.  In all of our transactions, including those involving a joint venture or a 1031 exchange, we counsel our clients in light of tax considerations to ensure a value-added transaction.  We assist our clients in both standard and complex financing transactions, including mezzanine loans, bridge and permanent loan transactions, construction loans, interest rate swaps, revolving letters of credit and cross-collateral transactions.  We also assist our clients with the defeasance, assignment and assumption and foreclosure of existing loans.  We draft and negotiate the required loan documents, and where transactions involve multiple lenders, we draft intercreditor, participation and loan syndication agreements.  We have represented both sellers and purchasers of distressed debt.  Finally, by taking advantage of the breadth of our professionals' experience in a variety of other practice areas, including bankruptcy, environmental, finance, litigation and tax, we provide our clients with essential counsel regarding transactional loan workouts. 

Once property has been acquired (and in some cases even before), we work with our land use and environmental professionals to obtain the required entitlements and permits necessary for development of a particular property.  In connection with our entitlement work, we draft agreements for professional services, such as agreements for environmental, mechanical and engineering services, as well as construction contracts and other related documents.  With respect to condominium projects, we draft a number of key documents, including covenants, conditions and restrictions (CC&Rs), bylaws, and applications and submissions required by the Department of Real Estate to obtain a public report.  Manatt real estate attorneys have all the resources needed to assist clients in their real property transactions, regardless of size or complexity.  By using an interdisciplinary approach, we provide efficient and cost-effective services to our clients.