Freeman, Freeman & Smiley LLP

Service Details

Real Estate

Our Real Estate Practice has achieved national recognition for work in every sector of real estate. We are skilled in negotiating and documenting sophisticated real estate matters for clients ranging from Fortune 500 companies and multi-national banks, developers, start-up businesses and individual investors. With extensive experience handling due diligence and governmental, environmental and lending 'red tape', we know what it takes to close the deal.

Our transactional attorneys frequently partner with our experienced Real Estate Litigation team to handle alternative dispute resolution and all stages of trials. Our philosophy is to seek to achieve the client's goals and objectives in the advocacy process in a cost-effective manner and to explore all avenues of dispute resolution whenever possible. 

We advise clients owning, developing, selling, purchasing or leasing contaminated properties, or brownfields with the environmental review of properties being purchased or leased, including advice regarding environmental insurance. We also interface and negotiate with state regulatory agencies regarding the scope of required remediation.

Representative Clients and Matters

  • Structured, drafted and negotiated hundreds of long-term complex commercial leases for clients located throughout the country. 
  • Representation of developers, landowners and lenders in ground leases in mixed developments.
  • Drafted and negotiated numerous development agreements, including lease agreements, purchase and sale agreements for commercial real estate, construction agreements, distribution agreements, licensing agreements, employment agreements, partnership agreements, joint-venture agreements, stockholder and non-competition agreements.
  • Representation of lenders and borrowers on construction and permanent financings of commercial, office, industrial, and retail properties, raw land, mixed use projects, parking facilities, and apartment complexes ranging in size from in excess of $70 million to under $1 million.
  • Advise lenders and borrowers on mixed collateral, receivable, and other personal property financings.
  • Representation of a city in connection with development and operation of major public facilities.
  • Representation of a municipality in the construction and operation of major sports facilities and long term management and lease arrangements with MLB and NHL franchises.
  • Negotiation and documentation of loan sales, syndications, securitizations and participations among lenders.
  • Representation of lenders in connection with workouts and foreclosures of commercial properties and large residential tract developments.
  • Successful defense of nationwide mortgage loan servicer in eight different lawsuits, each on demurrer, between 2014 and 2015, involving allegations of improper securitization of mortgage loans and violations of California foreclosure law.
  • Representation of letter of credit issuer in $100 million multi-state bond financing of a pool facilities.
  • Negotiation of joint venture between national golf-course owner/operator and local developer of resort complex.
  • Representation of buyers and sellers in commercial real estate acquisition transactions.

Presentations & Publications