Practice Areas

Real Property, Land Use, Hospitality and Project Financing

Carlsmith Ball LLP's Real Property, Land Use, Hospitality and Project Financing section has a longstanding reputation for expertise in real estate matters. Established in 1857, Carlsmith Ball LLP has experienced attorneys who understand the real estate industry.

We have brought together a vast array of interrelated disciplines to help our clients with a wide range of projects. Our attorneys handle all aspects of real estate matters for local, U.S. mainland and foreign clients, including resort, commercial, residential and industrial projects, with particular emphasis on complex transactions. Some of the areas in which we counsel clients are:

REAL ESTATE SALES AND PURCHASES

• Represent buyers and sellers of commercial properties, including preparing purchase or sale agreements, conducting due diligence, preparing escrow instructions, and reviewing all closing documentation. Due diligence may include title and permit checks, zoning rights, future use, shore line certifications, set backs, Conservation District Use permits and other relevant documents.
• Assist clients in forming, expanding, and dissolving joint ventures and negotiating development agreements. Work involves corporate and partnership agreements, investor documentation, and advice on structuring and tax concerns.
• Negotiate and document acquisition of leasehold interest in commercial properties.
• Negotiate and document construction, architect, and engineering agreements.
• Negotiate and prepare documentation for the sale of professional practices upon dissolution, merger, or retirement of principals. Assets typically include building or office leases, equipment leases, and goodwill factors.
• Assist real estate brokerage firms in structuring real estate transactions. Provide advice on real estate disclosure laws, rules of agency, antitrust, ethical problems, disciplinary procedures, peer review, and other industry concerns.

REAL ESTATE FINANCE

• Represent developers in commercial property developments including preparing and reviewing financing documentation.
• Represent businesses as local counsel in bond financing for large construction loans.
• Represent financial institutions in due diligence and securing interests in multi-million dollar financing projects. Provide documentation for loans of all amounts. Provide legal advice on corporate and banking regulations matters for financial institutes.
• Work with corporations to reorganize and restructure multiple entity ownership issues for improved results.
• Draft promissory notes and mortgages for residential and commercial mortgage loans.
• Represent financial institutions as equity participants in leveraged and single investor leases of large equipment, including aircraft, vessels and fleet vehicles.

REAL ESTATE DEVELOPMENT

• Represent hundreds of developers in large and small real estate projects ranging from modest housing subdivisions to large commercial developments. Assist clients with all aspects of project including raw land purchase, subdivision applications, financing documentation, master leases, brokerage contracts, construction contracts, and entitlements and permits.
• Represent construction companies in all aspects of development.
• Represent clients in obtaining a wide variety of licenses and permits from government agencies, including conditional use permits, industrial wastewater discharge permits, shoreline setback variances, site plan review permits, and special management area use permits, among others.
• Defend developers in a wide variety of lawsuits, including community challenges, environmental concerns, and boundary disputes.
• Represent landowners in the long-term resolution of water issues, including the development of wells, water storage and transmission facilities.
• Represent water and wastewater utility companies before the Public Utilities Commission in certification, rate and tariff matters.
• Assist with infrastructure dedication, including negotiations with various governmental entities to dedicate parks, roadways and sewage and drainage infrastructure systems.
• Assist clients in obtaining modifications of Land Use Commission conditions and in on-going compliance with regulatory requirements to maintain land use classification.
• Represent corporate clients in negotiating and preparing architectural, engineering, and construction contracts, equipment supply orders, and bank financing documentation in connection with facility expansions or upgrades.

LEASING

• Represent both landlords and tenants in commercial lease transactions, including master leases, ground leases, retail leases and office leases.
• Represent landowners in agricultural leases for coffee and macadamia nut orchards, as well as grazing leases.
• Represent businesses and property management companies in landlord / tenant issues. Represent clients in foreclosures and workouts, and negotiate debt cure. Provide advice on a wide variety of disputes.
• Prepare lease forms for tenants at large shopping centers.
• Negotiate and draft guarantees and assignment of leases for commercial tenants.

TITLE ISSUES

• Prepare and record a wide variety of title documents including warranty deeds, quitclaim deeds, powers of attorney, easements, licenses, encroachment agreements and rights of entry.
• Review title policies, surveys and surveyors’ reports for correct legal description of properties and other issues. Negotiate title policy endorsements.
• Represent landowners in obtaining quiet title and partition of lands for development.
• Prepare and file Land Court petitions.
• Prepare property descriptions for condominiums, single-family dwellings and raw land.
• Defend developers and landowners in a variety of claims against property use and ownership, including title, easement and boundary disputes.
• Represent title insurance companies regarding the tender and defense of title insurance claims concerning easements, encroachments, and access rights.

CONDOMINIUMS

• Represent developers in construction of high rise residential projects. Work includes the drafting of condominium property regimes, project documents (master lease and subleases). Form the owners’ association and draft corporate articles, by-laws, and house rules. Prepare and file public reports with the Real Estate Commission.
• Assist condominium management and owners in leasing units for retail and restaurant uses. Resolve disputes with tenants and the association of owners involving lease violations and American with Disabilities Act compliance.
• Represent condominium associations with general advice on personnel, contracts and other association issues.

ADDITIONAL SERVICES

• Represent financial institutions in first and second mortgages and home equity loans. Represent lenders in foreclosures and give advice regarding deeds-in-lieu.
• Negotiate architectural and interior design contracts and prepare documentation for renovations and additions to commercial buildings, resorts, and large projects.
• Represent companies in complex land use planning procedures to obtain the required permits to develop real property, including hotels, golf courses, marinas, condominium, industrial parks and shopping centers. Requires long-term knowledge of government bureaucracies and personnel.

Carlsmith Ball LLP has a truly unique presence throughout the Pacific Region. This presence allows the members of Carlsmith Ball LLP’s Real Property, Land Use, Hospitality & Project Financing Section to offer clients considerable expertise and uncompromising service delivered in a cost-effective manner.