Real Estate

The real estate attorneys at Farleigh Wada Witt have significant experience representing lenders, real estate investors, developers, property management companies, contractors, and individual and corporate landowners in a wide variety of real estate transactions.

• Formation of Real Estate Partnerships, Joint Ventures, and Limited Liability Companies
• Acquisition, Development, Construction, and Sales of Real Estate
• Financing Transactions
• Office, Retail, Industrial, and Ground Leases
• Workouts and Foreclosures
• Environmental Issues and Land Use Proceedings
• Condominium Formation and Conversions
• Representation of Homeowners' Associations

Formation of Real Estate Partnerships, Joint Ventures, and Limited Liability Companies

Our real estate and corporate attorneys are knowledgeable and experienced in the types of entity structures that would best serve our clients' immediate goals and investment requirements, including partnerships (both limited and general), nonprofit and for profit corporations, joint ventures, and limited liability companies.

Acquisition, Development, Construction, and Sales of Real Estate

We handle all phases of acquisitions including the negotiation, structuring and completion of major real estate sales, and are experienced in working with exchange companies to effect 1031 exchanges. We represent many contractors in all phases of construction work, from assistance in preparation and negotiation of the construction agreements to preparing lien notices and claims of liens. If other collection efforts fail, we also assist with the prosecution of construction lien foreclosure actions.

Financing Transactions

We represent a multitude of national and state lenders in the preparation of construction and permanent loan documentation and loan participation agreements. We have developed loan forms for real estate secured loans nationwide.

Office, Retail, Industrial, and Ground Leases

We handle numerous leasing issues each year for landlords, tenants, and secured lenders, including preparation and negotiation of the following:

• Office leases
• Retail leases
• Industrial leases
• ATM site licenses
• Subleases
• Ground leases 
• Estoppel and subordination agreements

Workouts and Foreclosures

In addition to putting together profitable deals for our clients, we are also very experienced in taking deals apart and recovering clients' security, and handle a substantial amount of the following:

• Judicial foreclosures
• Non-judicial foreclosures
• Receivership proceedings 
• Other collection actions

In addition, when appropriate to avoid the costs and uncertainties of foreclosure, we assist clients in the negotiation and preparation of workout agreements with delinquent debtors.

Environmental Issues and Land Use Proceedings

We often counsel our clients on environmental liability issues and insurance coverage for environmental claims, and their rights and duties under real estate purchase and sale agreements.  We also assist clients with general land use planning issues and working with government agencies including the following:

• Zoning and governmental permits
• Lot line adjustments
• Condominium declarations
• Property development agreements
• Consent decrees
• Easements and equitable servitudes
• Reporting hazardous releases and related compliance issues

Condominium Formation and Conversions

We have prepared documents for the conversion to condominiums, including documents for a 411 unit apartment complex in Snohomish County, Washington, and a 282 unit apartment complex in Kirkland, Washington.

Representation of Homeowners' Associations

We have experience representing homeowners' associations on numerous homeowner association issues, including the following: 

• Easements
• Facilities upgrades
• Recording and foreclosure of homeowners' association liens