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Commercial Real Estate Closings and Transactions

PURCHASE AND SALE

Having helped clients with thousands of real estate purchases, sales and development projects throughout Florida and internationally, the real estate lawyers at Burns Law Firm have the experience necessary to help structure and negotiate the best deal, then quickly document and close the transaction. Our interdisciplinary strengths allows us to handle related due diligence including ADA, corporate and tax issues, financing, land use and zoning, environmental, labor, and intellectual property. We represent clients in the purchase and sale of assets and loans, including portfolios, both performing and non-performing. We represent clients in the opportunistic purchases of distressed properties and debt, and note acquisitions.

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LOAN NEGOTIATION AND DOCUMENTATION

The real estate lawyers at Burns Law Firm advise owners, lenders, funds and investors on financing strategies. We can negotiate and document the full range of loans including construction loans, permanent loans, acquisition loans, working capital revolving loans, and other real estate secured loans. We can facilitate the financing of any development project using conventional lending sources, mezzanine financing, conduit and securitized financing, debtor-in-possession financings and related roll-ups. We evaluate and structure financing alternatives, develop and analyze lease versus ownership advantages, identify tax and economic incentives and assure that transactions comply with regulatory requirements. We anticipate and resolve issues dealing with title, deed, environment and other problems that typically arise.

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LAND USE, PERMITTING AND ENTITLEMENTS

The land use lawyers at Burns Law Firm are among the most effective and respected in Florida. Our particular strength is handling all permitting and compliance issues for clients seeking to locate and develop new sites, relocate or expand operations. We work closely with local government officials to make certain the land for real estate and development projects has the appropriate zoning and required permits and approvals, including all elements of vested rights. We are knowledgeable, skilled negotiators who can produce results when dealing with local governments, including boards of supervisors, city councils, zoning boards and planning and redevelopment agencies, as well as with state and federal agencies that oversee environmental and land use issues.

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ENVIRONMENTAL

We counsel our real estate clients in identifying, evaluating, and efficiently resolving environmental issues, including air, water, hazardous materials, and soil-related work. Environmental issues often arise in the sale, purchase, or financing of real property, and in expansions and relocations. The consequences of incomplete or ineffective environmental counsel can kill or significantly delay a project, or lead to litigation with substantial damages, fines or jail time as potential penalties. 

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COMMERCIAL LENDING

Our real estate and commercial finance lawyers represent banks, opportunity funds, and other traditional and non-traditional lenders in structuring, negotiating and documenting financial transactions, including permanent real estate secured loans, construction loans, mixed-collateral and personal property secured loans, lines of credit, and the like. Our real estate lawyers’ extensive experience with all real estate asset classes permits us to creatively and efficiently structure and document loans secured by any type of real estate, while our commercial lawyers’ experience provides the framework to secure loans by securities, other investment property and specialty collateral. We have documented agricultural loans, asset-based loans and factoring transactions, as well as reimbursement agreements relating to letter of credit facilities. Put simply, if a lender wants to make a loan, we can document it.

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CONSTRUCTION

The complexity of construction projects – large or small – requires expert legal advice to prevent or resolve problems that arise before, during, and after construction.  The lawyers at Burns Law Firm help clients confidently approach all phases of their construction ventures and resolve issues to minimize problems, expense and delays. We represent public and private owners, developers, contractors, subcontractors, architects, engineers and suppliers at every phase of the construction process. We advise on land use, labor, general business, tax and contract issues, negotiate and draft design and construction contracts and provide all construction loan documentation. We help with project administration and management issues to control downtime and ensure that work disruption is avoided or kept to a minimum. We’ll also evaluate all covenants, conditions and restrictions (CC&Rs), guaranty strategies, and title and priority issues.  Our industry knowledge allows us to resolve problems in ways that minimize expense and time for our clients.

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LEASING AND LEASE ADMINISTRATION

The attorneys at Burns Law Firm represents landlords and tenants in commercial leasing transactions, including ground and air rights leases. We negotiate and prepare leases for office, industrial, shopping center and retail, mixed use developments and other commercial establishments, and handle ancillary transactions such as tenant improvements, common areas, and parking. We are experienced in sophisticated mixed use issues, reciprocal easement agreements, lease termination negotiations, contract and lease administration and abstracting lease portfolios. We also handle lease disputes and lease terminations in normal business contexts as well as in bankruptcies and workouts.

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PORTFOLIO MANAGEMENT

For our clients with large portfolios of commercial real estate – including funds, investors, lenders, and owners – we provide a full range of legal services required to maintain and enhance the value of their specific assets. These services include negotiating and documenting a variety of agreements and licenses to facilitate effective and profitable portfolio management.

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ENTITY FORMATION

The lawyers at Burns Law Firm help clients determine the entity structure that is best for their real estate venture and work tirelessly to maximize tax advantages in entity and project structuring. We structure limited liability companies, corporations, partnerships and trusts for the purpose of acquiring, developing and operating real property.

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OUR COMMITMENT

The real estate lawyers at Burns Law Firm are committed to the preservation, development, improvement, and operation of real estate. We understand how it can build wealth as well as community. Times and markets may change, but our focus never does. We are committed to getting the deal done, solving problems, and helping our clients meet their goals.  Please call us to discuss your needs and how we can help.

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