Acquisition and disposition of real estate are fundamental to a real estate practice. Clark Hill attorneys provide comprehensive experience in the myriad ways these basic purposes can be accomplished, for clients that have included local, regional, and national developers, home builders, retailers, manufacturers, real estate investors, building owners and operators, pension funds, and nonprofit corporations.
In these simple contexts lie fee acquisitions, ground leasing, sale/leasebacks, structured ownership tiers, land use and planning, land division and condominium development, property tax planning, and short sales. We draw on experience in the application of all related areas of financing at all levels, including leasing, construction, public-private partnerships, tax incentivized structures, and economic development. We understand dirt, raw land and its potential, greenfields, and brownfields. We have and apply superior skills in environmental laws and risks, and what it takes to create value.
We understand how to structure an agreement to get property under control, and how to counsel a seller to avoid that. We have represented numerous clients in the acquisition and disposition of equity positions in entities owning real estate and have significant experience in the preparation and negotiation of operating agreements and similar instruments for such companies. Our attorneys are experienced in structuring and consummating deed in place of foreclosure transactions to realize the goals of the parties to such transactions, including minimizing adverse tax consequences and mitigating the risk that such transactions will be attacked by creditors. We have the depth and experience to manage efficiently and comprehensively due diligence for acquisitions and dispositions of all types, including on a multi-state basis.
Representative experiences of our lawyers in the purchase and sale of real property interests are:
- Purchase and disposition of signature office buildings, shopping centers, and other retail properties and hotels.
- Purchase of equity interests in companies owning real estate in various states by public pension funds.
- A sale/leaseback transaction involving industrial, warehousing and office properties in 10 states.
- Acquisition of more than 30 southeastern Michigan residential housing sites for one of the nation’s largest homebuilders and the subsequent disposition of such builder’s remaining inventory in Michigan in bulk sales transactions.
- Acquisition of office, retail, research and development facilities, and warehouse space in nine states valued more than $150 million.
- Disposition of land under a planned development agreement for a closely held land developer, for multiple uses by multiple commercial owners, valued more than $100 million.
- Acquisition of sites across the United States for a national restaurant chain.
- Creation of an auction sale computer program used in the sale of industrial facilities and transportation terminals.
- Camping and recreational properties for 501(c) organizations.