Sophistication in every asset class

Deferring capital gains taxes, opening business opportunities. While like-kind real estate exchanges will not eliminate tax liability, real estate investors benefit from the flexibility they get in managing their real estate investments.

The theory behind Internal Revenue Code Section 1031 exchanges is that since the individual is “exchanging” properties, as opposed to selling one property and purchasing another, no gain is actually being realized for tax purposes. The IRS does not consider the transaction a “tax free” transaction because the taxpayer’s basis in the acquired property remains the same as it was in the original property. Since the basis remains the same, when the taxpayer sells the acquired property, the gain will include any gain from the original property plus any gain from the acquired property.

We also advise on Section 1033 exchanges which offer tax deferral similar to Section 1031 when a taxpayer has property stolen, taken by condemnation or damaged by casualty.

Helping both landlords and tenants navigate leasing agreements. Chuhak & Tecson’s commercial leasing practice includes attorneys with in-depth experience representing landlords and tenants of both single-tenant and multi-tenant properties, including industrial, office, retail, healthcare, hospitality, agricultural and mixed-use properties.

Chuhak & Tecson attorneys help businesses with the full range of issues in lease transactions, including:

• Building leases
• Ground leases
• Leasehold financing
• ADA compliance
• Build-to-suit transactions, including architect and construction contracts
• Environmental concerns
• Sales/leasebacks
• Assignments, subleases and transfers
• Property management
• Eviction matters
• Leasing disputes

Deals of all sizes, in all sectors.Chuhak & Tecson Real Estate attorneys have significant experience handling real estate transactions ranging from small, straightforward deals to complex, multi-property and multi-state transactions. Negotiating and documenting every detail to get deals done efficiently and effectively, we advise on:

• Purchases and sales
• Development and redevelopment of commercial, industrial, retail (including shopping centers and strip malls), agricultural and residential properties.
• Structuring acquisitions to create tax advantages
• Assessment and compliance with restrictions in leases, mortgages and other agreements.
• Financing, including mortgage lending, refinancing, construction and project finance, mezzanine lending, syndicated and securitized loans, secured and unsecured credit facilities, and obtaining loans from conduit lenders.
• Due diligence
• Environmental issues
• Condominium deconversions
• Transactions involving bankruptcy and creditors rights issues.
• Joint ventures

Navigating local, county, state and federal regulations. Chuhak & Tecson zoning and land-use attorneys advise on zoning, subdivision and land-use matters for both commercial and non-commercial developments. Shepherding projects from start to finish, we build bridges between clients, government staff and officials, and community members to secure necessary permits and approvals for buildings, billboards and signs, cell towers and other structures.

We advise owners, developers, and lenders associated with projects requiring zoning and land-use permits for a variety of uses, including healthcare, rehabilitation, residential, utility and communications industry facilities. We have deep experience handling contested zoning matters, employing an interdisciplinary approach which draws on the rich experience of our real estate, litigation and municipal law attorneys.

Resolving real estate disputes, wherever and whenever they occur. Our Real Estate litigators move quickly and decisively to defend the interests of a broad range of clients, including agents, brokers, landlords, tenants, management companies, developers, engineers and investors. We litigate matters involving:

• Easements, resolving disputes with public utilities, municipal authorities and private parties.
• Foreclosures, representing lenders and other creditors and owners.
• Landlord/tenant disputes, representing parties on both sides of the table.
• Contract enforcement, advising on the full range of real estate contract disputes, including purchase and sales agreements, bids and leases.
• Investment disputes, resolving claims related to all forms of real estate financing and investments.
• Ownership entities, assisting individuals and entities involved in joint ventures, partnerships and limited liability companies to resolve conflicts arising from breaches of agreements and contracts.