Real Estate

The Real Estate Practice Group regularly represents clients in acquisitions and dispositions of real estate and real estate-related assets including debt and equity instruments from start to finish, beginning with brokerage agreements, letters of intent, purchase and sale contracts and ending with closing documents. In connection with those transactions, we perform due diligence including title, survey, leasing, environmental and zoning and advise clients with respect to tax considerations (both income and transfer) and liability issues, including advice regarding appropriate ownership structures. We have expertise representing purchasers and sellers of commercial and residential real estate throughout New York and New Jersey involving individual parcels or tracts of land; apartment, office, retail and industrial buildings; shopping centers; office and industrial parks; and residential subdivisions and multi-family developments. Our commercial real estate lawyers have extensive experience with multiple or portfolio properties, improved office, commercial and multi-family properties, Section 1031 exchanges and assemblage of land for development including brownfield sites and acquisition for redevelopment purposes through both private transactions and the use of eminent domain.

The Real Estate Practice Group represents both operators and investors in connection with the creation and implementation of joint venture arrangements. We address issues relating to capital funding mechanisms, management issues, exit strategies, and tax and ERISA structuring issues.  

Real estate partnerships and joint ventures can provide a platform from which investors, developers and owners can obtain needed capital, gain tax benefits, and share risk, responsibilities and rewards. Lucosky Brookman represents parties on all sides of transactions regarding a wide range of agreements. Combining skillful structuring with a nuanced understanding of tax and real estate law, our attorneys strategically prioritize and negotiate agreement terms to meet our clients’ specific needs and optimize their positions.

The Real Estate Practice Group has extensive experience advising clients (as both borrowers and lenders) with respect to the financing of real estate and real estate related assets, including first and subordinate mortgage loans, construction loans, structured and mezzanine loans, subscription financing, and revolving credit lines. The Firm’s experience includes drafting and negotiating loan documents, intercreditor agreements, participation agreements and other similar arrangements, as well as the purchase and sale of debt instruments.  Our attorneys serve as counsel to lenders in commercial mortgage loan transactions, distressed real estate workouts and foreclosure actions. The firm also represents both owners and investors in obtaining real estate financing, including funding for construction projects and environmentally challenged projects.

We represent landlords and tenants in the preparation and negotiation of large and small office, commercial, industrial and retail leases and subleases.  Our work places a strong focus on the allocation of risk in leasing agreements and collateral documents. The firm routinely handles space leases and ground leases on behalf of landlords and tenants, as well as various related documents, including brokerage agreements, guarantees, subleases, licenses, assignments, estoppels and SNDAs.  From representing clients on either side of the table, we understand business terms and critical lease provisions from both the tenant and landlord perspectives.  We are not only able to effectively negotiate and finalize leases, but we have the know-how to advise on key strategic leasing decisions as they arise. Lucosky Brookman's practical familiarity with all ancillary leasing documents enables our attorneys to represent clients from the original deal sheet through lease execution, nondisturbance agreements, architects' agreements and contractors' agreements.

We represent our clients as owners, lenders and other creditors in connection with the workout and restructuring of troubled real estate assets and transactions, including loan modifications, foreclosures, and deeds in lieu of foreclosure. In addition, we represent holders of notes and loan participations, and other investors and creditors in connection with complicated restructuring.