Real Estate
After more than two decades of collaborating with clients in real estate projects throughout Southern California and across the country, Palmieri Tyler brings an unmatched level of experience to representing our clients. This allows us to assist a broad range of clients with all types of real estate transactions.
From the publicly held homebuilder to the first time investor, Palmieri Tyler’s real estate clients are as diverse as their projects. To learn more about our real estate practice, please select from one of the links below:
- Acquisitions and Dispositions
- Leasing
- Development and Land Use
- Environmental
- Tax Deferred Exchanges
- Joint Venture and Entity Formation
- Common Interest Subdivisions
- Construction
- Property Tax
- Real Estate Finance
Contact Orange County real estate lawyers for advice now
If you would like to speak to one of our highly skilled attorneys, please contact us to schedule an initial consultation at 949-851-9400 or use our online contact form.
Acquisitions and Dispositions
Our attorneys are skilled negotiators and drafters, familiar with the issues that arise in both the acquisition and disposition of real property. This includes negotiating and drafting of letters of intent, purchase and sale agreements, due diligence reviews, and review and resolution of title matters.
Leasing
Our practice in leasing is tailored to our clients’ individual needs and the real estate assets that they lease. We regularly negotiate, structure, and draft residential, commercial, and industrial leases and subleases, as well as make sophisticated financing arrangements such as ground leases and sale/leasebacks. As counsel to many property managers, we also actively advise our clients on property management issues, such as insurance, tenant relations and regulatory compliance.
Development and Land Use
Due to a complex layering of federal, state and local laws and regulations, the development of real property requires specialized knowledge in order to shepherd a project from concept to completion. Our real estate group counsels clients regarding the applicability of the National Environmental Protection Act, the California Environmental Quality Act, and local land use and zoning laws. In addition, we regularly appear before government agencies and boards to advocate on behalf of our clients’ projects.
Environmental
We have developed our real estate practice to accommodate clients involved in environmental matters, acquiring experience in handling all aspects of environmental regulation, compliance and litigation, including advising property owners and managers on issues concerning hazardous materials and representing clients before various governmental agencies.
Tax Deferred Exchanges
The Internal Revenue Code has provisions allowing for the tax-deferred exchange of property. However, this area of the tax law is very complex. Our attorneys are well-versed in this area of the law and have experience structuring tax deferred exchanges, including deferred, reverse and build-to-suit transactions. We also have significant background in structuring tenants in common arrangements and drafting agreements among tenants in common, whereby taxpayers acquire fractional interests in real property. Our real estate attorneys also regularly work with our eminent domain lawyers to advise clients on matters related to tax deferred reinvestments of proceeds from condemned property.
Joint Venture and Entity Formation
The aggregation of capital from multiple sources frequently requires a written understanding between the investors. We are able to draw upon our long history of real estate transactions as well our background in corporate, finance and tax law to provide advice on the proper entity in which to hold title to real property. We can also reduce to writing a set of governing rules for property ownership or management, whether that writing is a joint venture, partnership, operating or tenants in common agreement.
Common Interest Subdivisions
We have one of the most established Common Interest Subdivisions practice areas in Southern California. We prepare Department of Real Estate management documents, buyer disclosures and purchase agreements for developers, as well as provide counsel concerning compliance with federal and state laws regulating disclosures and sales and marketing activities, and purchase and sale agreements. The attorneys working in this area assist in forming residential and commercial associations and community service organizations, and obtaining federal and state tax exemptions. The Common Interest Subdivision attorneys assist in the following activities:
- Planning for developing, selling and operating master planned communities
- Residential and commercial condominium projects
- High-rise condominium buildings
- Planned developments
- Age-restricted communities
- Standard subdivisions
- Urban and custom home communities
Construction
Palmieri Tyler assists contractors, developers and property owners in the negotiation and drafting of construction contracts. The firm can assist in preparing and negotiating subcontractor, consultant and other construction service agreements, including risk analysis and coverage review of existing insurance programs.
Property Tax
In general, the transfer of real property will result in a reassessment of the property for property taxes. Not all property transfers will effect a reassessment, though, and property owners may challenge erroneous reassessments. When structuring a transaction, we advise our clients on how to avoid triggering reassessments. In addition, our attorneys regularly handle property tax appeals and appear on behalf of clients before property tax assessment appeals boards.
Real Estate Finance
Financing is critical to any real estate project, both at the time of its acquisition as well as throughout the life of the investment. We regularly assist clients negotiating and structuring financial arrangements with and on behalf of institutional and non-institutional lenders, as well as sources of private equity. And because we know your financing needs change with time, we assist its clients in refinancing, defeasing, restructuring, workouts and foreclosures. We are also very familiar with the special requirements imposed on borrowers by conduit lenders to meet special purpose entity requirements, and regularly render the highly technical due authorization, enforceability and non-consolidation legal opinions demanded by conduit lenders.