Practice/Industry Group Overview
The real estate attorneys of Kutak Rock have handled thousands of acquisitions and dispositions of real estate assets and loan sales across the nation. We are tough, but practical, negotiators and we structure our clients’ transactions to reduce their risk, minimize transaction costs and defer avoidable taxes.
With offices uniquely positioned throughout the nation, we are particularly adept at handling the management and supervision challenges involved in high-volume, multi-state acquisitions and dispositions. One of our many strengths is our responsive and proactive advice, ensuring that our clients are not left waiting for critical documents or legal opinions, especially on complicated multi-state transactions.
From owners, developers and investors to lenders and servicers, our team recognizes that each of our clients has varying interests, niches and areas of focus within the world of real estate. We have worked on an array of business and health care parks; industrial parks; manufacturing facilities; big box retail, shopping centers and other retail properties; office buildings; warehouse distribution centers; restaurants; parks, lodging and recreational facilities; cultural and educational facilities; condominiums and cooperatives; multifamily residential developments and other general residential and commercial projects.
Given the time and cost constraints of today’s economy, we place an even higher emphasis on providing practical and relevant legal advice from the negotiation of purchase contract through closing. We provide sophisticated tax, collateral, regulatory, cross-border, bankruptcy, litigation, environmental and other legal counsel so that each client is assured of understanding and appreciating the nuanced risks and rewards of each transaction.
Specifically, our real estate lawyers are actively involved in identifying, analyzing and structuring project-specific issues; preparing and negotiating purchase and sale agreements, ground, operating and financing leases, and other transaction and development documents, including easements, covenants and restrictions; reviewing and negotiating title insurance coverage and surveys; reviewing and analyzing environmental matters; reviewing and analyzing all aspects of real estate diligence materials; and coordinating the transaction with the client and its internal counsel, other transaction participants and their counsel, third-party service providers and other consultants involved in the transaction.
Kutak Rock attorneys also are well versed in the issues associated with the acquisition and sale of environmentally impaired property, the due diligence associated with such transactions and risk allocation mechanisms to protect clients from environmental liability for which they have no direct responsibility. In addition, our expertise extends to the review of environmental analyses prepared pursuant to the National Environmental Policy Act (NEPA) and associated state statutes, environmental permitting, placement of pollution legal liability insurance policies and negotiation of indemnity agreements between the parties.