The attorneys at Kuhl & Grant bring an experienced real estate legal background, as well as a recognition of current market factors, to provide comprehensive real estate legal services to our clients. Our knowledge has been gained through decades of experience with a wide variety of transactions under varying economic conditions. This knowledge has instilled in us a creative yet practical mindset in approaching our clients’ real estate needs. We are focused on learning about the goals and objectives of our clients, keeping aware of current economic factors and their impact on real estate transactions, and combining this information with our experience to achieve a successful and timely completed project. We also know that real estate transactions are time sensitive and require frequent communication. Keeping clients informed and keeping their transactions moving are of primary importance to us. We also have experienced the many and varied ways that a transaction can be impeded and thrown off track. We are accustomed to such interruptions and what may seem to be roadblocks to the successful conclusion of a project. We focus on creative solutions to such impediments and always seek to find a workable solution.

We consult on a variety of real estate issues and represent for-profit, non-profit and governmental entities in their various roles in real estate transactions, whether as owners, landlords, tenants, developers, lenders, management companies, construction companies or other real estate professionals. Over the years we have established many relationships in the real estate industry, including title companies, surveyors, appraisers, brokers, property management companies, lenders, state and local agencies and other real estate professionals, which we utilize for our clients advantage.

Although not comprehensive, our list of experience includes:

Real Estate Acquisition and Leasing

We represent sellers and purchasers, landlords and tenants, grantors and grantees, in all aspects of buying and selling and leasing real estate. The types of agreements we negotiate, draft, review and implement and services we provide include:

  • Purchase and sale agreements (including options) of virtually every type of real estate including retail, commercial, industrial, residential, office

  • Leases, licenses and use agreements

  • Due diligence, including, title, survey, environmental, including resolving title issues

  • Acquisitions of properties in foreclosure/receivership and purchases of loans as an alternative to purchase of the real estate

  • Multi-parcel land assemblage

  • Declarations of Covenants, Conditions and Restrictions

  • Easement Agreements

Development, Construction and Management.

We represent owners, developers, construction companies, property management companies and governmental entities in all aspects of developing, constructing and operating various types of real estate and real estate improvements. The types of agreements we negotiate, draft, review and implement and the services we provide include:

  • Urban redevelopment and mixed-use project agreements

  • Project agreements with municipalities

  • Development Agreements

  • Property tax exemptions and appeals

  • Construction contracts, in all formats (e.g. fixed price, design build, construction manager), and architects agreements (AIA documents and specifically prepared documents)

  • Owner’s representative agreements

  • Property Management Agreements

Entity Formation and Ownership Structure.

Parties can come together in many relationships and develop property in many formats. We represent partners, members and shareholders, for profits and non-profits, as they come together to undertake real estate development. We also provide legal counsel with regard to the various forms of real estate ownership.

  • Using our knowledge of business structures, and corresponding tax implications, we form entities and negotiate entity documents between partners/members

  • We prepare condominium documents – residential, office/retail and mixed-use

  • We prepare homeowner association documents and are involved in the transfer from the developer to the homeowners

Finance

The parties to a real estate transaction require financing in one form or another including debt and/or equity, federal, state and/or local grants and other forms of incentives. We represent developers, lenders and borrowers, equity investors and other sources of financing to a developer. We have experience in combining the various sources of funding and, if applicable, complying with various governmental guidelines for such financing. Our experience includes:

  • Commercial real estate lending (including securitized loans, HUD, FHA, FNMA, GNMA)

  • Construction, mezzanine and permanent financing

  • Workouts and restructuring

  • Ground leases and leasehold financing

  • Equity placement and syndication

  • Governmental grants and incentives

Multi-State Transactions

Our attorneys have served as local counsel on a wide variety of transactions. We are familiar with the role of local counsel on a transaction and ensure that we are coordinating with the rest of the team. Our experience includes:

  • Serving as local counsel for multi-state transactions or out-of-state owners

  • Providing local counsel admission and borrower’s opinions

Commercial and Real Estate Lending

Building on our strength and expertise in real estate finance, Kuhl & Grant serves as counsel to regional and national lenders and financial institutions. We assist in structuring and closing commercial mortgage loans including those for construction, term, and permanent financing. We have extensive experience in financing transactions and have developed standardized procedures and due diligence review. Understanding that each transaction is unique, offering its own set of opportunities and challenges, we are able to offer creative solutions and guidance throughout a given transaction. Because we handle many types of loan transactions, we can offer cost efficiency across the process. Services we provide include:

  • Owner occupied financing

  • Income properties financing

  • Due diligence regarding real estate collateral

  • Construction financing

  • Residential and commercial real estate development financings

  • Structuring to meet “special purpose entity” requirements

  • New Markets Tax Credit financing

  • Lender Due Diligence

  • Third-party relationship with providers of UCC, bankruptcy, lien and litigation searches: