Due diligence is critical to uncovering risks before committing to a deal. We begin by reviewing the property’s title, survey, easements and encumbrances to ensure marketable title. We analyze zoning compliance and land use restrictions, confirming that your intended use is permissible. We review existing leases and service and management contracts, and facilitate site inspections and environmental assessments to identify structural issues or contamination. We also examine municipal records for outstanding code violations, tax liens or pending assessments. If financing is involved, we coordinate with lenders to satisfy documentation requirements. By methodically reviewing legal and physical aspects of the property, we provide you with a comprehensive understanding of the property so you can make informed decisions.

In a sale-leaseback transaction, a property owner sells the real estate to an investor and simultaneously leases it back to continue operating in the premises. This arrangement allows businesses to convert illiquid real estate into cash while retaining control of the property. The buyer becomes the landlord and collects rent under a long-term lease. When advising clients on sale-leasebacks, we review title, survey and zoning to identify restrictions, easements or environmental liabilities. We negotiate the purchase and lease terms to address rent escalations, maintenance obligations and options to repurchase. Our attorneys structure these transactions to maximize liquidity and minimize risk, whether you are divesting assets or investing in income-producing property.

New York’s zoning laws vary by municipality, and obtaining approvals can be complex. Projects may require rezoning, variances, special or conditional use permits, subdivisions or site plan approvals. Planning boards often scrutinize traffic, environmental impacts and neighborhood compatibility. The Firm works closely with local officials and planning departments to prepare and present applications and to address concerns raised by neighboring property owners and tenants. We also negotiate reciprocal easement and development agreements to ensure access, parking and infrastructure needs are met. Because zoning decisions can be appealed through Article 78 proceedings, our attorneys are prepared to litigate denials when necessary. With strong relationships in Albany, Rensselaer, Saratoga and Schenectady Counties and the greater Capital Region, we help clients secure entitlements efficiently so they can move forward with development.

Financing strategies differ based on project type and goals. Acquisition loans and construction loans remain common for new developments, while bridge financing and mezzanine debt may be used for repositioning or value-add projects. We work with banks, private lenders and investors to structure financing that aligns with your capital stack. In New York, PILOT agreements negotiated with local industrial development agencies can significantly reduce property taxes, making projects more financially viable. Certain projects may qualify for state or federal tax credits, historic preservation incentives or grants. For multifamily or mixed-use developments, low-income housing tax credits or tax-exempt bond financing may apply. We evaluate the full spectrum of incentives and help clients assemble a financing package that supports long-term investment objectives.

The due diligence period typically ranges from 30 to 60 days, although complex projects may require more time. The timeframe is negotiated in the term sheet, letter of intent or purchase agreement and may be extended to accommodate zoning approvals or lender requirements. Due diligence is a multidisciplinary effort. In addition to our attorneys, we engage title companies, surveyors, engineers and environmental consultants to inspect the property and examine zoning and environmental compliance. Brokers and appraisers evaluate market conditions, while accountants and tax advisers review financial statements and tax records. When we represent buyers, we coordinate these professionals to ensure that every aspect of the property is vetted before you commit capital.

Despite careful planning, conflicts sometimes arise in real estate transactions or operations. We handle breaches of purchase and sale agreements, lease defaults, co-ownership disputes, construction defects, property right disagreements and claims of adverse possession. We begin by evaluating contract terms, reviewing correspondence and gathering evidence to build your case. Whenever possible, we seek to resolve disputes through negotiation or mediation to preserve business relationships and control costs. If litigation becomes necessary, we represent clients in state and federal courts and administrative forums such as tax assessment review boards. We also pursue or defend Article 78 proceedings against municipal agencies when zoning decisions or permits are challenged. By combining deep transactional knowledge with courtroom experience, The West Firm provides responsive representation aimed at protecting your real estate interests.