Cox, Castle & Nicholson has developed a broad and extensive practice representing buyers, sellers, optionors, and optionees. We utilize a practical and "business-oriented" approach that focuses on achieving the client's practical and business considerations by structuring transactions to balance risks and rewards and tailoring protections based on the client's risk tolerance.
We have extensive experience advising purchasers and sellers of properties in all stages of development, including (i) master planned developers in connection with the sale of residential tracts to homebuilders, (ii) national and regional homebuilders purchasing and disposing of residential lots from land developers, (iii) developers acquiring and disposing of land slated for condominiums, multi-family, commercial, and retail uses, (iv) purchasers and sellers of distressed land deals, including partially developed projects and "broken" condominium deals, and (v) developers acquiring unentitled land for the purpose of obtaining entitlements to sell or develop the entitled project. We routinely structure transactions to provide our clients the ability to "phase" the acquisition and development of projects to maximize returns and mitigate risks.
In addition to drafting the transaction documents, our work often involves (i) assisting our clients in gathering diligence regarding the state of the entitlements and similar legal hurdles relating to development, (ii) reviewing recorded and unrecorded agreements affecting the property, (iii) negotiating ancillary documents, such as easements, water rights agreements, credit transfer agreements, joint development agreements, cost-sharing agreements, and other agreements necessary for the development of the property, and (iv) advising our clients on the enforceability of their rights and the other contract parties under various agreements.
We advise purchasers and sellers in connection with acquiring and selling performing assets, including multi-family residential projects, commercial projects involving office and retail uses, industrial sites, and hotels. We assist our clients in efficiently coordinating the acquisition or disposition to close the transaction in an expeditious and cost-effective manner. In addition to preparing the core transaction documents, such as the purchase and sale agreement, we have expertise reviewing and negotiating leases, management agreements, brokerage agreements, escrow holdback agreements, and estoppels. We often assist our clients in performing all due diligence activities relating to the acquisition or disposition of property, such as (i) reviewing all title matters relating to the property, (ii) confirming all approvals for the property have been obtained from the applicable governmental agencies to use and operate the property for its intended purpose, (iii) reviewing all leases and preparing abstracts to identify material matters, (iv) reviewing all reports relating to the environmental condition of the property, and (v) consulting with our client regarding any relevant tax concerns.