Practice & Industry Areas
Real Estate
Since 1925, at the height of Florida’s first land boom, through the Great Depression and each real estate cycle since, Gunster has been at the forefront of Florida’s dynamic real estate market, providing the insightful and sophisticated legal counsel needed to succeed in an ever evolving environment. Today’s real estate climate is challenging, but no more so than what Gunster has helped clients navigate in the past.
While still maintaining our broad and substantial core real estate service capabilities, Gunster is positioned to offer timely legal services during the current economic unrest. We are advising developers and investors of all types and sizes on their loan workouts and restructurings, lease workouts and repositioning of their assets. We are also providing representation to financial institutions in the purchase of distressed properties and non-performing loans.
For those clients considering the purchase of non-performing loans and distressed properties, Gunster has the broad interdisciplinary experience in such areas as real estate, foreclosure, tax and bankruptcy, to ensure that the implications of each transaction are fully evaluated. We understand the fine points of participation agreements, intercreditor agreements and cross default/cross collateralization provisions, which are just a few of the legal land mines we thoroughly analyze in each transaction.
Gunster also has extensive experience representing lenders holding non-performing loans encumbering Florida real estate. We advise our lender clients on the pivotal issues facing the underlying real estate—foreclosure, bankruptcy, creditor's rights, construction lien law and lender liability issues. In addition, with respect to residential projects, these issues can include, evaluation of warranty issues, successor developer liability, and the obligations of government regulations, registrations and sales procedures that may attach upon ownership.
Gunster provides legal representation for all types of real estate assets—commercial, residential, industrial, multi-family and mixed-use—from construction through completion. Representation extends to owners, investors, lenders, borrowers, brokers, contractors, management companies, and developers (including counsel for community development districts and redevelopment agencies).
Many residential sales and purchases and financings are handled by our
affiliated real estate title agency, Premier Title Company, Ltd. Premier Title
has offices in Palm Beach, Ft Lauderdale and Vero Beach. For more information on
Premier Title visit Premier Title's website at www.premiertitle.net.
Service Areas:
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Acquisitions and Dispositions
As attorneys representing developers, financial institutions, private and individual investors, and state and local governments, Gunster has the experience to facilitate and optimize the purchase and sale of all types of real estate assets - commercial, industrial, residential, agricultural - and all types of ownership interests, such as ground leases or fee simple interests.
Gunster also has the experience and capability to provide counsel for the extensive due diligence process that is involved in the acquisition and development of any real estate asset. This may involve the analysis and evaluation of title, surveys, environmental conditions, land use and zoning issues, existing leases and contracts, legal compliance and construction issues.
These transactions typically require various inter-disciplinary expertise – such as corporate (e.g., for negotiation of joint venture/project development agreements), tax analysis, land use and environmental, all of which are routinely provided by Gunster.
Community Development
Gunster enjoys a justly earned reputation throughout the State of Florida for creating effective and customized homeowner and condominium associations. We provide our clients with specialized strategic planning that results in innovative ways to address some of the thornier issues of community development, such as developer liability and turnover strategies. We work with our clients from concept through turnover, providing a full scope of services.
We also coordinate with our Leisure and Resorts Group to provide developers with all facets of service in the development and management of these properties.
Construction
Gunster attorneys have been advising developers, contractors, engineers and architects for decades on all phases of construction and engineering projects, and our counsel is rooted in both the law and the realities of such projects. From feasibility work to construction agreements to project structure, clients can rely on sound counsel from design through completion.
When claims involving damages, delays, defects or other issues arise, we enlist the support of our experienced construction litigation attorneys in resolving the matter. Our representation in this arena includes the litigation of complex cases in both state and federal courts, for both domestic and international clients.
Debt Restructuring, Loan Modifications and Workouts
Having recently experienced the precipitous decline in Florida real estate activity, developers, lenders and investors can appreciate the insight and pro-active advice that Gunster's attorneys provide. Our goal is to minimize the impact of volatile real estate cycles for our clients.
We advise clients in the areas of loan workouts and restructuring arrangements. Our synergistic counsel incorporates taxation, bankruptcy, corporate structuring and asset protection. It's this integrated approach that provides clients with the best options and ultimately results-oriented solutions at a time of uncertainty.
Financing
By merging a successful multi-disciplinary approach with sophisticated analysis, Gunster is able to structure financing transactions that fit the unique needs and opportunities of each client. We represent developers, owners and operators looking to borrow, and banks, insurers and other financial institutions seeking to lend.
Land Use and Development
Gunster makes it possible for clients to have a coordinated, efficient strategy that addresses the various approvals, amendments, variances, permits, entitlements, infrastructure requirements, and impact fees and assessments attached to land use and development. We represent our clients before government officials and agencies, court tribunals, special-interest groups, and the media.
Whenever needed, our real estate attorneys interface with members of the environmental and land use practice, thus ensuring a proactive and productive approach to all compliance issues.
Leasing and Management
Gunster is well versed in all manner of leases and lease-related transactions, such as ground leases, build-to-suit leases, in-line retail leasing and office leasing. Gunster also provides counsel with respect to operation and management agreements. Gunster’s clients enjoy the advantage of a firm that represents owners, property managers and tenants.