AREAS OF PRACTICE — REAL ESTATE
Nagle Law Group attorneys possess an extensive breadth and depth of experience in every aspect of residential and commercial real estate law from residential purchase agreement negotiation, short sales, foreclosure and all aspects of home buying, to financing, acquiring, and developing retail projects, supporting shopping center management, and representing both end-users and developers in connection with leasing. Our business-oriented approach identifies all relevant legal issues and weaves the client’s business considerations into their resolution.
Nagle Law Group provides a full range of legal services to many individuals, national and regional retailers, restaurants, and developers, including the following areas:
Residential Purchase & Sale
As we all know, a lawyer's involvement in residential real estate transactions in Arizona is practically unheard of. Buyers typically rely on their brokers for guidance throughout the entire purchasing process: finding the right home, negotiating the terms of the transaction, and then helping shepherd the process to closing. In fact, most brokers tell sellers and buyers alike that the form agreement is just that: a form, and that it cannot be modified. Unfortunately, that is just not true, and, in fact, there are several provisions in the standard form Arizona residential purchase contract that are detrimental to the buyer, even more so now that market conditions are so unstable and the cost to the seller if a buyer "defaults" may well exceed the earnest money deposit. Surprisingly, few parties, including brokers, understand the impact of the legal provisions set forth in the standard contract.
But what is most common are disputes between seller and buyer due to different understandings of what was agreed verbally versus what is actually written in the purchase agreement. This "seller said/buyer said" situation always leaves parties frustrated and angry. And, in hindsight, the use of an attorney to ensure the signed agreement matched the deal would have been worthwhile.
With modest fixed fees, clients can be comfortable that their questions can be answered and their rights protected without adding an unwanted headache to the home selling/buying process. Your or your realtor are welcome to contact us to schedule an appointment.
Shopping Center Acquisition & Development
Nagle Law Group’s shopping center acquisition and development practice covers all phases of the development process, including structuring, negotiating, and documenting development agreements, acquisitions and assemblages, declarations, covenants, operation and easement agreements and reciprocal easement agreements, joint ventures and leasing and sales. Our group has participated in the negotiation and closing of hundreds of millions of dollars of shopping center development transactions and is knowledgeable about the legal as well as business issues that impact the industry, providing value added counsel in connection with the purchase, sale and development of shopping centers.
Lending and Financial Services
Financing is an integral part of any commercial real estate transaction. Nagle Law Group offers a full range of financing services and regularly guides our clients in structuring loans and developing the appropriate documentation. Our finance team is able to structure and negotiate customized loan documentation for all manners of commercial real estate financing transactions, including real property secured loans, subordinated and mezzanine debt, personal property secured loans, construction loans, permanent project financing, and loan modifications. Our attorneys also provide assistance in reviewing commercial real property secured loan documentation for enforceability under Arizona law and in rendering legal opinions with respect to the enforceability of such loan documentation. Our attorneys have significant experience in representing and advising financial institutions in developing solutions for resolving troubled loans and crafting strategies for creative loan workouts. Because of the quantity of complex commercial loans in which we have been involved, we are capable of using our past experiences to address any situation that may develop.
Landlord and Tenant Representation
Both landlords and tenants may face challenging legal issues in leasing transactions and in lease disputes. Nagle Law Group’s tenant leasing team has extensive and unique experience in the negotiation and documentation of all types of leases, including build-to-suit leases, pad leases, anchor tenant leases, and in-line shop leases. We understand the interplay of competing occupancy issues including building design and operation, protecting tenants in the event of delays, common area maintenance expenses, considerations for expanding tenant space, and lease term options. Our attorneys work with clients on both stand-alone transactions and in connection with national large scale leasing programs. In doing so, we have completed numerous projects with many national “big box” tenants. We also represent clients in drafting form leases, renewing existing leases, and interpreting lease provisions that are in dispute. With a clear understanding of our clients’ business objectives, the real estate industry, and the marketplace, our group has the ability to successfully complete retail leasing transactions in a conscientious, expeditious, and cost effective manner.
Outparcel Ground Leasing, Acquisition & Disposition
Nagle Law Group represents regional developers in acquiring, leasing out and selling outparcel pads. We also represent major national and local retail end users in entering ground leases or transactions to acquire pads.
We counsel our clients on all phases of a transaction, including structuring and negotiating the deal, forming the appropriate entity, performing or coordinating due diligence review, generating documentation, and overseeing the closing. We know that some of the most crucial issues for outparcel pads exist outside of the ground lease or purchase agreement. For that reason, we work closely with our clients to structure and negotiate the declaration of covenants, conditions and restrictions, reciprocal easement agreements, operating agreements, construction contracts, development agreements, consultants' contracts, and hazardous material review that are essential for a fully integrated project.
Based on our experience representing developers and retailers in thousands of diverse transactions over the years, and the ongoing relationships we maintain with owners, investors, brokers, lenders, tenants and purchasers, we understand the issues that impact each parties’ objectives. As a direct result of our depth of experience and knowledge of the process, we can identify potential problems early and work with our clients to be proactive.