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

Representative Matters
  • Advised Client Entering into Joint Venture of Property to Be Developed
    • Represented a client in connection with entering into a joint venture of a property they owned with a developer to not only substantially renovate and expand the building, but then to convert the property into a condominium with residential apartments and commercial retail space.
  • Negotiated Gallery Space Lease for “Artist-in-Residence” Program
    • Represented an art gallery in negotiating a lease for a retail gallery space that would further allow it to convert the basement level of the building being leased as a space for an “artist-in-residence” program. Advised the client and landlord on how to modify the Certificate of Occupancy in order to allow for this retrofitted work space to accommodate budding artists.
  • Managed Three Simultaneous, Multi-Faceted Real Estate Transactions
    • Represented a client in three simultaneous real estate transactions within the same building, with a same day closing, from three different sellers. Orchestrated the purchase of the top two floors from different individual sellers as well as the roof of the building directly from the condominium so that the client could form one apartment. Negotiated the roof rights so the client could maximize the utility of the roof space while paying the minimum price.
  • Crafted Solution for Prominent Mexican Artist Facing FIRPTA Concerns
    • Represented a prominent artist and Mexican citizen in connection with the tax issues surrounding a Florida property sale and a New York property purchase that required reconciliation of the competing concerns of a 1031 Like-Kind Exchange and the Foreign Investment in Real Property Tax Act (FIRPTA). Successfully crafted a solution that remained compliant under both laws and designed a precedent-setting escrow structure with a national 1031 Qualified Intermediary to complete the exchange with $0 tax withholding and liability for the client.
  • Counsel to Bank Designing Complex Purchase CEMA
    • Represented a bank in designing a complex purchase CEMA (consolidation extension modification agreement) program, which would allow borrowers to acquire new properties in a structure that would minimize, and in certain circumstances eliminate, their entire New York State Mortgage Recording Tax.
  • Managed the Purchase and Conversion of Historical Building to Bed-and-Breakfast
    • Represented a client in upstate New York in their purchase of a historical building that was turned into a bed and breakfast/restaurant. Successfully secured trademarks for the logos of the new establishment as well.
  • Advised Real Estate Companies on Data Security Measures
    • Provided ongoing counsel to real estate property management and brokerage companies on best practices regarding real estate data security. Reorganized the companies’ data intake and reengineered their data delivery processes to ensure the confidentiality of clients’ private information.
  • Counsel to Private Lender Regarding Co-op Apartments Foreclosure
    • Represented a private lender in connection with the foreclosure of a group of co-op apartments that they lent on. Was able to utilize Article 9 of the Uniform Commercial Code to successfully bypass the court system and permit a non-judicial property auction within 90 calendar days of notice. The client received all monies due and reimbursement of all expenses incurred.
  • Advised Co-op Corporations in Financial Matters
    • Represented co-op building corporations in various transfers, refinancing of underlying mortgages, and restructuring of debt for buildings.
  • Represents Condos on Unique Financing Matters
    • Regularly represents condominiums on unique financing matters including the securing of debt for the condominium association for capital improvements and taking out condominium Sponsor debt on Superintendent units owned by the condominium.
  • Manages Buying and Selling of Residential and Commercial Properties
    • Regularly represents multiple clients in the buying and selling of both residential and commercial properties.
  • Represents Financial Institutions in Real Estate Lending Transactions
    • Regularly represents financial institutions and private lenders in residential and commercial real estate lending transactions.
  • Advised on the Housing Stability and Tenant Protection Act
    • Advised a major real estate brokerage on compliance with theHousing Stability and Tenant Protection Act of 2019.
  • Provided Counsel Regarding Qualified Opportunity Zones
    • Has provided counsel regarding the formation, investment in, and compliance with Qualified Opportunity Zones for tax preferred real estate investing and development.
  • Prevailed Over Audit by the Department of Taxation and Finance
    • Successfully represented a commercial real estate investor and prevailed over an audit from the Department of Taxation and Finance of the State of New York. Won the case by citing the inapplicability of the Mansion Tax on condo hotels, maintaining and arguing that the Mansion Tax was applicable only on residential properties. As a secondary argument, successfully asserted that the imposition of the commercial tax rate by the NYC Department of Finance precluded the NYS Department of Taxation of Finance from imposing the additional tax.
  • Resolved InternationalDispute Regarding Payment of the Mansion Tax
    • Successfully represented a homeowner and prevailed over a foreign mission in a dispute regarding the payment of the Mansion Tax. Used thorough knowledge of both international law and case law to demonstrate that foreign entities exempted under the Vienna Convention treaty are still subject to U.S. taxation, if, as was the case here, the entity has waived its exemption by contract.
  • Negotiated Release of Lease for Distressed Corporate Tenant
    • Successfully represented a distressed commercial corporate tenant in the release of its lease.Brought to light a critical error in the language of a “good guy guaranty”, the result being that the client’s landlord was much more willing to negotiate terms of the release favorably towards the corporate tenant.
  • Represented Purchaser, Seller of One Times Square
    • Represented and served as counsel to the purchaser and eventual seller of One Times Square, New York City, New York—the building on which the New Year’s ball drops each year.
  • Created Lease Form for Renowned National Retailer
    • Counseled a renowned retailer in respect to the creation of its form of mall/shopping center lease that was used nationally. Created lease forms for a wide variety of other commercial buildings.
  • Represented Hotel-Resort Purchasers Regarding Franchise Agreements
    • Has represented multiple hotel-resort purchasers, including those involved in securitized financing and “flag”/franchise agreements.
  • Aided Worldwide Retailer in Opening of NYC Flagship Store
    • Represented a worldwide retailer in the opening of its New York City –Madison Avenue flagship store that opened in the recent past. Has assisted multiple clients with their retail flagship, avenue, and outlet leases.
  • Bond Counsel to NYC Real Estate Developer
    • Represented and served as bond counsel to a New York City real estate developer, advising on municipal bond financing on new residential building projects.
  • Advised European Sovereign Entity on its Consulate
    • Represented a European sovereign entity regarding its consulate, located near the United Nations in New York City, New York.
  • Co-Created “Good Guy Guaranty” Provision
    • Co-created the “Good Guy Guaranty” which ensures that tenants will meet rent obligations or will vacate the premises if unable to do so.
  • Represented Investor in NY Newspaper Bankruptcy
    • Represented a “white knight” investor in a renowned New York newspaper bankruptcy-reorganization proceeding.
  • Counsel to NYC Hotel Property Owner Contesting Redevelopment Act
    • Represented, in court, a New York City hotel property owner contesting the major redevelopment act of this century.
  • Successfully Negotiated Initial Labor Union Contract
    • Represented a hotel in its negotiation of an initial labor union contract.
  • Represented Borrower on Mortgage-Backed Securities Transaction
    • Represented a borrower on what was the initial mortgage-backed securities transaction in the United States. Subsequently represented another borrower on a securitized commercial mortgage loan in what became part of the first “pooled” certificates in the United States following the 2007-2008 recession.
  • Aided IP Law Firm in its Relocation to Midtown Manhattan
    • Represented a 200-partner intellectual property law firm on its relocation lease to space in Midtown Manhattan in the recent past.