Retail Real Estate

Addressing the legal challenges that may arise throughout the lifespan of a lease. Whether determining financing, negotiating agreements or restructuring, we have the capabilities to advise and manage lease portfolios efficiently and effectively, including the review and storage of existing restrictions to ensure that new leases do not run afoul of previous agreements.

Skilled in representing both sides of a commercial real estate transaction, our team is well versed in preparing purchase and sale agreements, then seeing the transaction through to a successful close. The Retail Real Estate team utilizes a multidisciplinary approach and has the ability to leverage the expertise of other practice areas within the firm; e.g., the Environmental Law team is only a phone call away in the event further site evaluation is required during due diligence.

Big box retailers and anchor tenants occupy an important role in the marketplace and have unique needs that must be considered throughout the leasing process. The Retail Real Estate attorneys at Phillips Lytle understand the importance of everything from clearly articulating exclusive use provisions and prohibited uses, to the need to accurately convey each party’s responsibilities during the build out process.

Our attorneys have extensive experience representing parties in ground lease negotiations, ensuring the tenants have the autonomy to develop the land as needed, while maintaining the long-term interests of the landowner.

Phillips Lytle’s Real Estate Team drafts, negotiates and reviews commercial leases for property owners and tenants. We have represented clients of all sizes, from big box retailers to local franchises and have the experience needed to successfully negotiate agreements to meet the our clients’ goals.

Phillips Lytle’s Retail Real Estate attorneys regularly draft and negotiate triple net leases, representing both landlords and tenants, including ensuring that any deals remain 1031 compliant.

Skilled in managing the varied interests of owners seeking to jointly develop a property. We assist in determining if an REA is necessary and, if so, guide clients through the process of negotiating an agreement that protects their interests for years to come.

Phillips Lytle’s multidisciplinary approach to Real Estate draws on the expertise of the firm to craft and evaluate all manner of development agreements. Whether utilizing our experience in Construction Contracts, Land Use, Permitting and Zoning, SEQRA, Environmental Law or corporate representation, we have the experience and know-how to offer comprehensive counsel to clients in need of a development agreement.

Our extensive Retail Real Estate experience has included representing both real estate brokers looking to memorialize brokerage agreements for their deals.

Our experience in Construction Contracts includes representing large and small projects alike. Phillips Lytle has represented developers, retailers and construction professionals on a wide array of construction contacts. Our guidance is catered to the specific needs and goals of our clients through the negotiation, drafting and review of contracts with contractors, construction managers, architects and designers, engineers and other professionals in the construction industry. In certain instances, we utilize form agreements prepared by the American Institute of Architects (AIA), which are modified to serve the interests and needs of our client’s interests and to conform to the terms of the transaction. In other cases, a contract is drafted to specifically fit the requirements of the project.

Working with Phillips Lytle’s Banking and Financial Services Industry Team, the Real Estate Team has extensive experience structuring, negotiating and closing financing transactions for borrowers and lenders. Representation in Real Estate Finance includes commercial and residential lending, working with REITs, developers, public utilities, municipalities, large corporations and individuals.

Our extensive representation of property owners, tenants and landlords extends to include complex sale-leaseback transactions, and we counsel our clients through the entire process to ensure they meet their ultimate goals.