Choosing Flynn Riley Bailey & Pasek LLP
Acquisition & Sale
We assist our clients in the acquisition and sale of real estate portfolios, as well as individual investment properties including apartment buildings and complexes, commercial and industrial buildings, shopping centers, marinas, mobile home parks, mini-storage facilities, and development projects. We offer our clients a considerable depth and breadth of experience, and can scale our services to include letters of intent, purchase and sale agreements, title review, physical due diligence, lease review and the like. We handle straightforward transactions of less than $1,000,000 as well as large and complex transactions in excess of $50,000,000, including those involving multiple parties, tax-deferred exchanges, the formation and/or restructuring of holding entities, and other special considerations. In each case we provide experienced, practical guidance to get the transaction closed without undue delay or expense.
We also handle the efficient negotiation and documentation of other types of real estate conveyances, such as easements, quitclaims, deeds for estate planning or business entity restructuring purposes, liens and options. Our advice and assistance in these matters allows our clients to avoid the unanticipated consequences that all too often flow from the use of “fill in the blank” title documents.
Entity Selection and Formation
Owning, investing in, or managing real property is a business that often calls for use of a business entity – a partnership, limited liability company, or corporation – in order to provide for the allocation of responsibilities and profits among a group of individuals involved in the same property or project, to help shelter individuals’ unrelated assets from potential liabilities associated with the real estate, to qualify for a secured loan, to minimize tax burdens, and other important purposes. Flynn Riley’s lawyers, with the benefit of long experience and a thorough understanding of the sometimes competing priorities involved, can guide you through the selection and formation of the most appropriate business entities – from the simplest single-member LLC formation to the most complex and creative restructuring of a group of parent-subsidiary entities – to meet your goals for any real property project, acquisition, or refinance.
We know how to legally and effectively raise capital to increase the capacity to invest, as both lawyers and investors ourselves. We advise our clients with respect to disclosure obligations, securities laws, choice of entity, and other important considerations. We prepare clear and effective documents that minimize the risk inherent in the syndication process. After syndication, we guide our clients in their operations and investor relations so as to minimize disputes and provide the best environment for a successful investment.
We have decades of experience representing landlords and tenants in commercial lease transactions. The successful negotiation of a lease means anticipating any number of different conditions and considerations that may arise during a long term relationship. We pride ourselves on assisting our clients to allocate risk in a fashion which meets their specific needs and in finding creative solutions when market forces or other external factors may require reevaluation of the relationship. We have negotiated long term ground leases and short term retail leases, commercial leases and lease options.