Barton’s real estate practice is multi-faceted and diverse, comprised of attorneys that have both significant transactional and litigation experience across the full range of commercial and residential real estate matters.

Our transactional team represents owners, sellers, purchasers, developers, lenders, investors, and funds in property acquisition and disposition, property planning, lending, financing, and construction. Barton also represents landlords, tenants, and management companies in commercial, office, retail, and industrial lease transactions. We represent real estate brokerages and property management companies in organizational and regulatory compliance matters. Our team also handles matters in connection with residential transactions, assisting with “dirt”-to-organization and structural issues, governmental filings, leasing, and operational and related matters.

Our top-tier litigation team has extensive experience representing clients in real estate disputes, including construction litigation, partnership disputes, lending and financing actions, mortgage foreclosures, lease enforcement and workouts, brokerage disputes, commercial landlord-tenant litigation, and co-op and condo disputes.

Our real estate attorneys frequently collaborate with our corporate, tax, bankruptcy, and trusts and estates practice groups to ensure that our clients maximize the efficiency and control of their real estate assets and investments, while minimizing their exposure to adverse market conditions and liabilities.

We provide a wide variety of real estate services to our clients, including:

  • Acquisitions and dispositions
  • Due diligence
  • Acquisition and construction financing
  • Development and construction
  • Joint ventures and partnerships as well as limited liability company formation and guidance
  • Commercial and residential leasing and property management
  • REIT representation
  • Lease negotiation and enforcement
  • Commercial and residential landlord-tenant eviction proceedings
  • Cooperative and condominium disputes
  • Commercial guaranty actions
  • Real estate brokerage counseling and representation regarding disputes
  • Construction and mechanic’s lien litigation
  • Mortgage foreclosure actions
  • 1031 like-kind exchanges
  • Foreign Investment in Real Estate Property Tax Act (FIRPTA) compliance
  • Institutional mortgage lender representation
  • Mezzanine financing
  • Securitization financing and defeasance
  • Hotel acquisitions, franchising, financing, and development
  • Qualified Opportunity Zone funds
  • PropTech: cybersecurity and data privacy compliance for property owners, property managers, and real estate brokerages
Work in this Area

Real Estate

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Representative Matters

Represented seller in real estate and loan transactions in connection with successful sale of warehouse property in New Jersey.

Served as outside general counsel to numerous mid-market companies, including those in the freight, delivery, logistics, restaurant, hospitality, and wine and spirits industries. Oversaw all aspects of their legal representation including corporate and transactional, financing, employment, real estate, and litigation matters, thus directly contributing to the successful operation and substantial growth of these businesses.

Represented a furniture designer and manufacturer whose facility was destroyed by flooding, in a lawsuit against its landlord for failing to disclose that the leased premises were located in a designated flood zone. Obtained a favorable settlement during trial after presenting the client’s case.

Represented a group of tenants with units in a luxury condominium building against the condo's board of managers for failure to repair a deficient rooftop and drainage system. Won a motion to appoint a temporary receiver to facilitate the repairs and defeated defendants' motion to dismiss. (Calderoni v. 260 Park Avenue South Condominium)

Won motion and injunction gaining clients full administrative control of a $363 million syndicated loan and authority over the disposition of 17 commercial real estate projects that secured the loan without trial, ousting a top five bank as the administrative agent.

Successfully resolved $11.5 million dispute over the purchase price of a five building 350 unit apartment complex through mediation and binding arbitration between client, one of nation’s largest pension funds, and leading real estate developer/manager.

Won expungement of lis pendens that was preventing sale or refinancing of client’s apartment complex and obtained order for recovery of all attorneys’ fees, leading to dismissal of action by plaintiff and financial settlement.

Obtained injunction and appointment of Receiver pending non-judicial foreclosure of $28 million mortgage loan on luxury apartment complex in Warner Center recovering over $600,000 in net income before property was obtained by client through foreclosure and later sold to repay loan.

Won claim litigation establishing validity of real estate secured lender’s $3.363 million claim against shopping center over objection in bankruptcy case; recovered full claim for attorneys’ fees in underlying action.

Won Summary Adjudication dismissing uninsured punitive damages claims in casualty case against downtown property owner/manager.

Successfully resolved real property dispute for a leading media company over alleged right to restrict aerial access to giant wall mural in downtown Los Angeles overlooking L.A. Live/Staples Center.

Obtained order for real estate secured lender lifting stay of foreclosure on $45 million loan secured by Santa Monica office building and requiring counsel for debtor to disgorge $108,500 in legal fees and pay client’s fees in sanctions.

Successfully resolved action by former shareholder of corporation claiming interest in real property acquired by shareholders for benefit of the corporation, but held in their individual names. Obtained agreement by former shareholder to deed and release any interest in real property to the corporation.

Acted as general counsel of a market research company, for over 15 years, representing them with various contracts, shareholder and employee matters, and real estate transactions and financings.

Barton LLP
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