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CBM » Areas of Expertise »
Real Estate

CBM Real Estate attorneys:

Practice Description

Carroll, Burdick & McDonough LLP represents real property owners, lenders, developers, and investors in the acquisition, entitlement, development, financing, leasing and disposition of real property assets. CBM's real estate lawyers have been part of the real estate industry's growth for over twenty years, and we continually keep abreast of current market conditions and legal issues affecting the real estate community. We are widely acknowledged among Northern California's real estate practitioners.

CBM's attorneys develop close working relationships and provide on-demand responsiveness to our clients, offering practical advice and creative solutions to difficult issues. Our clients include real property owners and investors, financial institutions, REITs, private asset-based lenders, real estate development companies, national manufacturers and retailers, and private investors. We provide representation covering all types of real estate assets, including commercial, retail, and industrial properties, high rise offices, apartment buildings, hotels and restaurants, and commercial and residential development projects.

Real Estate Acquisitions

We regularly negotiate and document real property acquisitions and dispositions, and assist our clients in conducting "due diligence" investigations required in purchasing real estate. Our acquisition experience spans the full spectrum of real estate assets, including raw land, residential tracts, industrial facilities, shopping centers, strip malls, corporate campuses and high rise office buildings. We also handle portfolio management services, such as property management agreements, owner participation agreements, reciprocal easement agreements, license agreements, and shared maintenance agreements, as well as title insurance, title conflicts, and escrow issues.

Leasing

We represent landlords and tenants in commercial, retail and industrial leasing transactions. For example, we were lead counsel in a 750,000 square foot corporate campus lease transaction for a life sciences client, and routinely represent several national retailers in their retail leasing transactions across the country. Our leasing experience extends across the range of commercial and industrial real estate properties, including office space leases, industrial parks, shopping center ground leases, mixed-use retail properties, life science research and development facilities, night clubs and restaurants.

CBM's real estate attorneys provide solutions, and where required enforcement, in connection with lease disputes and workouts, and we work with our real estate litigators where necessary to achieve favorable resolutions of real estate leasing disputes.

Development, Entitlement, and Land Use

CBM attorneys guide our clients though the development process, including development agreements, land use issues, CEQA compliance and DRE compliance. We assist clients seeking approvals for annexation applications, general plans, specific plans, rezoning, and subdivision maps, as well as other permits and approvals required for the development of real property. This aspect of our practice includes land use and entitlements matters involving federal, state and local governmental agencies, and we are acknowledged experts in land use work. We meet with local planning staffs and appear before public agencies on behalf of our clients to advocate our clients' land use proposals. Our land use work includes securing approvals from regulatory bodies, included the Bay Conservation and Development Commission.

Construction

CBM's construction practice represents owners, contractors, architects, design professionals, and governmental agencies on a broad range of construction issues, including construction contracts, architectural and engineering services agreements, and construction management agreements. We also provide counsel in connection with stop notice and mechanic's lien laws and payment and performance bonds. Our real estate lawyers advise clients regarding construction contract defaults, professional liability of architects and engineers, construction defect issues and homeowner association claims.

Real Estate Secured Lending

We represent and counsel real estate lenders during all phases of real estate financing transactions and restructurings. We negotiate and document real estate backed financing transactions for national banks and other financial institutions, including related regulatory compliance work. CBM also represents our lending clients with respect to troubled real estate loans, forbearance agreements, and workouts. Ultimately, to the extent that these measures are unsuccessful, we assist our clients with respect to enforcement actions and judicial and non-judicial foreclosure proceedings, including mixed collateral and priority issues.