Real Estate Transactions & Disputes

Gallagher & Kennedy’s real estate team provides a complete range of transactional and litigation services to a diverse group of clients, including developers, contractors, home builders, sellers, purchasers, landlords, tenants, retailers, real estate investors, lenders, and property managers.

As an integral member of our clients’ business, we advise clients in structuring and documentation of all types of real estate projects, including complex multi-use developments, master-planned communities, build-to-suit transactions, sporting facilities, shopping centers, condominiums, retail projects, industrial developments, commercial office projects, and public finance transactions.

ACQUISITIONS & DEVELOPMENT

We represent owners, development companies, contractors, property managers, and home builders in all phases of real estate acquisitions and sales, including site selection, due diligence, entitlements, management, financing, and negotiating purchase, sale, and lease agreements. 

Our real estate attorneys have substantial experience in both the structuring and documentation of complex land acquisition and sale transactions throughout the Southwest and the country, including for office buildings, industrial buildings, shopping centers, golf courses, and other commercial properties. In addition, we represent landowners in the sale or lease of property to solar-generating developers and brokers. Our representation includes purchase and long-term lease agreements, financing through surety bonds and other collateral, navigating the permitting regulations with the Arizona Corporation Commission, and facilitating procurement and sale of energy to public utilities. 

DISTRESSED PROPERTIES

Drawing upon our diverse experience, we design practical resolutions of distressed properties to meet the needs of lenders and borrowers. Negotiating and implementing work-out loan modifications, foreclosures, and bankruptcy filings are often involved, and when necessary, we represent clients in litigation to enforce these agreements. 

Click here to learn more about our bankruptcy and creditor’s rights practice.

FINANCE & INVESTMENTS

Our real estate finance team represents buyers, sellers, and investors in all matters relating to the financing of real estate transactions, including:

  • Traditional lending for acquisitions, development, and construction
  • Permanent loans
  • Refinancing
  • Sale-leasebacks
  • Public financing transactions
  • Land banking

LAND USE, PLANNING & ZONING

From inception to completion, we represent public and private sector clients in all manner of land use and development-related ventures and issues, including commercial, residential, retail, office, shopping center, and master-planned projects. 

Gallagher & Kennedy has handled some of Arizona’s most complex and high-profile urban projects, including:

  • Establishment of Bank One Ballpark (now Chase Field) in downtown Phoenix, home to the MLB team the Arizona Diamondbacks.
  • Efforts to finance and locate the stadium to be used by the Arizona Cardinals professional football team.
  • Structuring and utilizing existing incentive opportunities for office and mixed-use projects, including the Collier Center and the Camelback Esplanade in Phoenix.
  • Negotiated high-profile economic incentive agreements for the Scottsdale Waterfront and IKEA.

Learn more about our capabilities in land use, planning, and zoning.

LITIGATION

Our real estate litigation attorneys assess and resolve complex real estate disputes for a diverse clientele, from individuals to large international corporations. We work to develop cost-effective strategies to achieve our clients’ desired resolution, which can include settlement negotiations, mediation, trial advocacy, and through appeal.  

The team defends clients’ property rights and obtains damages for a variety of property-related disputes, including:

  • Bankruptcy-related real estate disputes
  • Complex litigation arising from development land use agreements
  • Condemnation and eminent domain
  • Defense of developers and homebuilders in class action lawsuits
  • Deficiency litigation
  • Land use and zoning disputes with government entities
  • Lis pendens actions
  • Mining claims
  • Property line disputes
  • Property tax appeals
  • Quiet title actions
  • Real estate lease and purchase agreement disputes

Learn more about our robust litigation practice.

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