Bingham has a long history of representing clients throughout the United States in major real estate transactions. We represent many of the country’s largest and most sophisticated financial institutions, developers, pension fund advisers, corporations, governmental entities, REITs and other property owners in the full range of real estate transactions. Our group of real estate lawyers has won praise from both clients and peers for their ability to get deals closed advantageously and efficiently. Recognized as “smart, deal-making lawyers,” in Chambers USA, our lawyers advise clients on myriad sophisticated real estate transactions involving acquisitions and dispositions, development, financing, joint ventures, leasing, restructuring and workouts, and debt and tax and environmental issues.
Our experience spans a broad spectrum of property types, including office buildings, apartments, industrial and warehouse facilities, hotels, shopping centers, strip malls, sports arenas, restaurants, entertainment facilities, affordable housing, hospitals, medical facilities, assisted living projects, resort facilities, condominium and timeshare projects, landfills, energy, and other utility projects.
Acquisitions and Dispositions
We represent developers, pension fund advisors, banks, corporations, governmental entities and others in the acquisition, development and disposition of real estate across the country. In addition to the acquisition and sale of real property, we work with clients in evaluating and consummating transactions involving the purchase or sale of multi-asset portfolios. We have developed a strong network of local real estate counsel to support our representation by providing insight into local laws and customs, enabling us to seamlessly close deals throughout the country.
Financing
We represent developers, investors and other property owners, including pension funds, Fortune 500 companies and real estate families in the financing and refinancing their real estate.
Joint Ventures
We are actively engaged in creating and negotiating joint ventures between owners and investors to facilitate real property development. We represent both developers seeking institutional joint venture financing and institutions seeking local partners.
Leasing
We represent both landlords and tenants in the leasing of real estate properties of all kinds, including complex special purpose projects. In particular, we represent landlords in the leasing of large multi-tenant metropolitan area office buildings and other commercial and industrial properties. In addition, we represent a broad range of corporate clients in their lease negotiations and other transactions with landlords.
Lending
We represent lenders and borrowers in connection with all of the financing structures typically involved in real estate transactions, ranging from construction and permanent lending, to mezzanine loans and subordinate equity. Our mortgage lending practice encompasses a wide variety of assets, including office, multifamily housing, retail, lodging, industrial and health care facilities, timeshare properties, and unimproved land. We handle mortgage loans for some of the largest banks, life insurance companies, savings and loan associations, pension funds and others on a national basis, and we are called upon frequently to address the complexities involved in multijurisdictional secured lending.
Restructuring
Our institutional clients routinely turn to us for advice on developing strategies for problem mortgage loans and other distressed real estate transactions. We are particularly skilled in multijurisdictional real estate workouts and have had significant involvement in negotiating and implementing reorganization plans for troubled real estate projects.
Tax
We provide tax planning advice to real estate-related entities, and their partners, shareholders and members. We are familiar with the numerous tax issues which arise as part of almost every real estate transaction, including those dealing with internal tax structuring, allocations of gains and losses, ERISA, unrelated business taxable income and other issues relevant to pension funds and tax-exempt investors. We also regularly address incentive compensation programs, spin-offs of various entities, a variety of equity financings, joint ventures and deal structuring issues.
Land Use
Our attorneys counsel clients on land use matters, including subdivision matters, planning and zoning issues, and governmental exactions during the development process. Our land use attorneys frequently assist with documentation of complex project approvals and development agreements, and we serve as special counsel to a number of local governments in the revision of their general and specific plans, zoning, and subdivision ordinances.
Environmental
Our group includes lawyers experienced in dealing with environmental regulation matters that present pervasive issues in real estate transactions, including legislative and regulatory developments at the local, state, federal and international levels.
Residential Developments
We represent a number of developers and builders with their newly constructed projects ranging from small subdivisions to major planned residential communities. We are also involved in other projects, including cooperatives and condominiums, rehabilitation properties and occupied buildings. We have also structured offerings for golf course developments and memberships for U.S., British and Japanese clients.
Litigation
While the emphasis of the Real Estate Group is on transactional and planning matters, it is backed up by a strong litigation department with a nationwide practice which has extensive experience in the resolution of disputes involving real estate, creditors rights, environmental and permitting matters. In addition to proceedings in federal and state courts, the group is experienced in arbitration, mediation and other forms of alternative dispute resolution.
Development
We take clients through the entire development process — from land acquisition to rezoning and permitting, equity investments, financings, construction and lease-up. Developers and other land owners retain us on a national basis in connection with large-scale, ground-up construction and major rehabilitation projects.