Real Estate

Curtis’ real estate lawyers advise commercial and private clients on the structuring and implementation of complex acquisitions, developments, financings, and sales of real estate. This includes undeveloped land, office properties, hotels, shopping centers, warehouses, and residential, retail and industrial facilities.

Curtis handles real estate aspects of commercial acquisitions and dispositions. The team advises at every stage of a transaction, from inception to close, including debt and equity financing, due diligence, and matters such as refinancing, leasing, resale and dispute resolution.

• Preparation and execution of due diligence processes;
• Identification and elimination of sale obstacles, identification and minimization of liability risks;
• Advice on transaction structures, in particular tax optimization;
• Drafting and negotiation of confidentiality and exclusivity agreements, letters of intent and similar agreements;
• Drafting and negotiation of purchase agreements (equity and asset transactions);
• Structuring, drafting and negotiation of project related joint venture agreements;
• Ongoing advice on arising investment issues;
• Acquisition of properties in the course of public auction and/or insolvency;

The Curtis team drafts and negotiates complex commercial lease, sublease, and sub-sublease agreements and renewals and terminations thereof on behalf of lessors, lessees, sub-lessors and sub-lessees for all types of commercial properties, including office, retail, warehouse and manufacturing.

Curtis offers representation in the U.S., Italian, German and English Courts, in the event of disputes in commercial real estate matters.

The Curtis real estate team has substantial experience representing owners and developers in the negotiation of project design, permits, construction and project management documents for their new and repurposed facilities and other capital improvement projects. Curtis also offers advice on how best to address the legal risks associated with environmental concerns including compliance with state and federal environmental law, and to incorporate sustainability principles (energy and other resource use) into their projects.

Curtis helps clients identify and manage environmental risk, comply with environmental laws and identify the most cost effective ways to achieve their goals under the different regulatory pathways under federal and state laws, at sites ranging from federal Superfund and RCRA Corrective Action sites to “brownfield” sites being addressed under state voluntary cleanup programs.

Curtis structures and implements the real estate aspects of complex corporate transactions, including advising how best to address potential environmental liabilities and tax and insolvency aspects of transactions.

Curtis advises clients on all aspects of the financing and refinancing of real estate assets, including mezzanine financing.

The Curtis team advises on structuring real estate transactions to maximize tax efficiency. We advise on domestic and international tax matters on the full cycle of real estate ownership and leasing, including its acquisition, operation and disposition. Such tax matters include withholding taxes, and tax planning for the deductibility of interest, depreciation and other related expenses incurred in real estate transactions.

In the U.S., it includes advising on the Foreign Investment in Real Property Tax Act (FIRPTA). Our global tax team has counseled corporates, multinationals, governments, high net worth families, private equity, sovereign wealth and other funds in their real estate transactions.

To increase the value of a property an active legal asset management is as necessary as an efficient property management whether as a main business or in preparation of a sale. The ongoing legal advice referring to an existing property is one of our main areas of business. Our range of advice in the area of legal asset and property management particular includes:

• Drafting and negotiation of service agreements, operating agreements, and construction, architectural, and engineering agreements
• Realization of appreciation potentials;
• Comprehensive advice on commercial and residential tenancy law; and
• Real estate compliance and risk management.