Real Estate

Our real estate attorneys provide legal services statewide to clients in all areas of commercial real estate law, including development, acquisitions and dispositions, finance and secured lending, loan restructurings, foreclosures, leasing, zoning, land use, title, condominium law, construction law, and property management.

Our lawyers have unmatched depth and experience in the development of commercial real estate and residential properties from pre-acquisition analysis through the management of completed projects. With our tax and business attorneys, we help our clients select the appropriate entity for real estate ownership, development or management, based upon each client’s unique business objectives and tax situation. We identify and quantify the risks associated with owning, developing, and operating real estate and develop risk minimization strategies tailored to the particular needs of each client.

The days of simple or routine transfers of commercial real estate have passed. Our attorneys regularly negotiate and document complex purchase and sale agreements, option contracts, rights of first refusal, and other types of land acquisition agreements. In so doing, we identify and evaluate the potential risks and liabilities associated with the property so that they are fully understood and are appropriately allocated between the parties in the operative documents. Our attorneys have also negotiated and drafted hundreds of development agreements, easement agreements, leases, conservation restrictions, and other documents required for the effective development and use of real estate. Many of these documents require careful coordination of the responsibilities of multiple parties. We have experience in defining each party’s responsibilities, establishing deadlines for completion, and specifying consequences for failure to meet agreed-upon performance standards and deadlines.

Our lawyers are experienced in zoning, land use, and environmental law and help obtain required permits and approvals from the many federal, state, and local regulatory bodies which govern property development. We appear before planning boards, zoning boards of adjustment, conservation commissions, and other regulatory bodies from across the state on a routine basis. We appreciate the value these permits add to the underlying real estate and take steps to “bulletproof” the permits from possible legal challenges and advise our clients how to secure “vested rights” in their approvals and projects.

Together with the firm’s environmental attorneys, we regularly assist real estate buyers and sellers in ensuring that appropriate environmental reviews are completed when real estate is bought or sold and in defining and quantifying environmental risks. We are well versed with the many incentives and programs available for the redevelopment of contaminated properties including New Hampshire’s Brownfields Program (under which eligible participants can obtain covenants not to sue from the State of New Hampshire), special property tax abatements for contaminated sites, and the tax deductibility of clean-up costs for properties in certain targeted areas. Our land use practice regularly deals with issues involving wetlands, hazardous waste, underground storage tanks, and similar non-zoning land use issues.

We recognize that property development requires a team of qualified professionals. Our lawyers have excellent relationships with numerous real estate professionals including engineers, surveyors, appraisers, brokers, financial analysts, accountants, and mortgage brokers, and our lawyers routinely work with these professionals on project development issues.

We also represent borrowers in obtaining construction and permanent financing and in conventional and securitized mortgage loan transactions. We have excellent relationships with mortgage brokers, financial institutions, and other sources of capital and make sure our clients who need project financing are matched with lenders well-suited for their needs. Because of these relationships, as well as our representation of numerous financial institutions and other commercial lenders, we provide valuable insights into the different underwriting standards for the many different types of real estate loans available today.

Once a project is completed, we help clients with management and operational issues including property management contracts, leasing, marketing, and insurance issues. Working with the firm’s litigation attorneys, we aggressively represent our clients in landlord-tenant disputes and tax abatements.

Our lawyers represent numerous financial institutions and other commercial lenders in connection with real estate loans including documentation, environmental risk identification and minimization, mortgage law, title insurance, and security perfection. Our lawyers have also handled numerous restructurings and sales of mortgage loans and are intimately familiar with the wide assortment of important and sometimes hidden issues associated with those transactions. Our lawyers also represent financial institutions in foreclosure, creditors’ rights, and bankruptcy issues. Our foreclosure work goes beyond simply ensuring that the statutory requirements of the New Hampshire foreclosure statute are met; we also provide practical advice on the proper amount of pre-foreclosure due diligence regarding the condition of the mortgaged premises, marketing techniques, and post-foreclosure property management, leasing, and sales strategies.

Our real estate attorneys:

  • Act as New Hampshire counsel to several large national retailers and developers in all aspects of the acquisition, development, and financing of store sites and shopping centers.
  • Represented a national company in the development of a regional distribution center—the largest single-story building ever built in New Hampshire.
  • Represented the seller of a multi-million dollar resort facility, including a world-class hotel, golf course, ski area, and related amenities.
  • Assist in the design, documentation, and permitting of residential retirement facilities and other elderly housing projects.
  • Represented a developer of a mixed golf course and residential condominium.
  • Regularly assist landowners in converting rental property to condominiums.
  • Regularly act as local counsel to out-of-state interests in transactions involving real estate purchases, business acquisitions, and multi-state financings.
  • Have excellent relationships with architects, engineers, surveyors, brokers, accountants, appraisers, mortgage brokers, lenders, and others who can help our clients with their projects.
  • Regularly appear before state and local regulatory boards and agencies to obtain permits and approvals for real estate developments.