Real Estate Transactions

Our team is a leader in credit-tenant leasing and finance, representing clients in transactions spanning all property types—corporate headquarters, distribution facilities and industrial warehouses, and government-leased properties.

We handle traditional sale-leaseback transactions and the structuring and closing of all types of ​“CTL” financings.

The Kelley Drye real estate team, leveraging experience and insight from our tax group, advises syndicators and real estate developers in connection with state-of-the-art, tax-optimized Section 1031 transactions, including structures involving Delaware statutory trusts (DSTs) and tenancies-in-commons (TICs). Our real estate team, together with our corporate group, is at the forefront of the sale through syndication of DST interests.

Our clients include owners, developers, landlords, and credit-tenants in all aspects of these transactions.

Our team represents major financial institutions, privately held companies, and other investors in connection with sophisticated real estate structures, including joint ventures, for all types of real estate throughout the United States.

Our attorneys have extensive experience counseling clients in regulatory compliance and management of environmental risk.

We help clients close deals efficiently while navigating numerous laws and regulatory regimes, including CERCLA, the federal Resource Conservation and Recovery Act (RCRA), Clean Air Act, Clean Water Act, and other federal, state, and local environmental laws.

Our environmental real estate work includes:

• Representing purchasers and sellers of contaminated or potentially contaminated and ​“brownfields” properties in transactions involving single and multiple properties, both in the United States and abroad
• Conducting all aspects of due diligence
• Negotiating and drafting contract provisions
• Developing strategies for identifying, managing, and allocating environmental risk in business transactions, including the use of environmental insurance products, guaranteed remediation contracts, and governmental liability protections to offset risk
• Assessing and addressing environmental contamination issues and insurance coverage issues in the context of commercial mortgage loan originations, property acquisitions, and a lender’s exercise of remedies
• Representing owners of real estate property seeking to manage environmental liabilities through voluntary clean-up programs and property transfer laws
• Managing environmental engineering firms, including response action contractors, for projects involving the investigation and remediation of contaminated property
• Representing corporate clients and property owners in the prosecution of insurance recovery cases for environmental damages and losses