Representing clients in all real estate transactions

Overview

The real estate attorneys at Parsons Behle & Latimer have the experience and knowledge needed to help clients with owning, acquiring, developing, selling, financing, managing and leasing their real property interests. Our clients range from individuals to multi-national, national, and local companies and organizations. We have an extensive legal and practical background in helping our clients to structure, assess, and document all facets of their real estate and financing transactions. Additionally, we have a broad range of experience in representing owners, investors, developers, and users of retail, industrial, commercial, resort, hotel, office, and multi-family properties.

Team

Key Contacts

View the full team

Experience

Defended client who is a building owner in real property litigation against easement claims of neighboring homeowners association.

Represented a company in the sale of multiple commercial real estate assets as part of $1.2 billion of debt liquidation.

Homeowners Associations

Represented dozens of HOAs including drafting and amending CC&Rs, preparing bylaws and corporate documents and advising HOAs and their members on governance and enforcement issues as well as in substantial litigation.

Capabilities

Purchase & Sale of Real Estate

The real estate attorneys at Parsons Behle & Latimer have a broad range of experience with owners, investors, developers and users of retail, industrial, office and multi-family properties. Parsons' real estate attorneys have the background and skill set to structure innovative transactions and solutions for their clients’ problems in the most effective and cost-efficient manner. Our clients can expect attorneys with the experience and know-how to advise on all aspects of acquiring, developing, selling and leasing of all types of real property. Our clients include buyers, sellers, developers, landlords and tenants involved in simple and complex (and everything in between) transactions on individual, multi-site, multi-state and multi-national properties. 

Real Estate Development, Land Use, Zoning & Entitlements

Uniquely qualified to represent clients in all land use matters, the real estate attorneys at Parsons Behle & Latimer have unparalleled experience representing owners, developers and users, as well as municipalities and government agencies, on a wide spectrum of land use, zoning, entitlement and development issues. Such representation includes assisting private clients with resolving zoning disputes; assessing vested rights; applying for subdivision or zoning approvals; interpreting zoning ordinances and general plans; and negotiating development agreements with local jurisdictions. Our representation of clients in land use matters often includes speaking before city and county councils and planning commissions; meeting with city officials; and helping clients to navigate the unique administrative proceedings of each local jurisdiction.

Parsons' real estate attorneys also have experience assisting local municipalities to draft, enact and enforce land use and zoning ordinances. Attorneys in our Land Use practice team are active in community development groups, planning commissions, and land use appeals boards and have strong relationships with city managers, local government officials and the Utah Office of the Property Rights Ombudsman.

Real Estate Leasing

The real estate attorneys at Parsons Behle & Latimer provide a broad range of experience with landlords and tenants of retail industrial and office properties. Parsons' attorneys represent landlords and tenants in lease and sublease negotiations, expansions, contractions and workouts. Our experience includes corporate headquarter relocations, shopping center leases, ground leases and everything in between.

Common Interest Communities

The real estate attorneys at Parsons Behle & Latimer represent real estate developers in all aspects of structuring transactions. Parsons' real estate team works with clients to obtain all necessary governmental approvals and entitlements. We document condominium developments and common interest communities such as town homes, condominiums, vacation ownership and club communities, as well as condominium projects for retail and commercial purposes.

Parsons' real estate attorneys draft governing documents for clients, including declarations of condominium and declarations of covenants; conditions, restrictions and easements for condominium developments and common interest communities; work with homeowners’ associations and developers to structure condominium projects and common interest communities; and enforce covenants created for the benefit of these projects.

In addition to real estate developers, our real estate attorneys work with developers and lenders of:

  • Residential projects including detached homes, townhomes and condominiums
  • Ski and golf resorts
  • Hotels
  • Marketing and sales companies
  • Management companies

Construction & Design

Parsons Behle & Latimer attorneys represent a breadth of specialization to meet any construction-related needs – domestically or internationally. The real estate attorneys at Parsons understand the efficiencies of having all construction-related services in one location. Our attorneys collaborate between practice areas to manage project-related contracts, labor or environmental issues, construction disputes and more, leaving you to focus on the business of growth and development. And, with partner law firms across the globe, Parsons offers the highest-quality legal services, regardless of where you break ground.

Parsons' real estate attorneys work closely with project owners, general contractors, designers, developers, construction managers, subcontractors, suppliers, architects and engineers through all phases of the construction process. We partner with clients on a wide range of issues from project development and finance to bidding and start-up, contract negotiation and management, public-private partnerships, energy regulation, environmental concerns, insurance-related issues and dispute resolution. And, unlike many law firms, our construction group is supported by attorneys who specialize in oil and gas, environmental permitting and clean up and rare-land development, which uniquely positions us to service clients with those types of projects. Whatever your construction needs, you will find the solution at Parsons Behle & Latimer.

Eminent Domain

Parsons Behle & Latimer's eminent domain and condemnation experience is unsurpassed and Parsons' real estate attorneys represent utilities; interstate pipeline companies; local governments; water districts; irrigation and canal companies; redevelopment agencies; transit authorities; and landowners in negotiations, acquisitions and litigation. 

Our experience across numerous industries and project types with constitutional property rights and public use issues enables us to easily identify key issues for resolution. We guide clients through layers of procedures exclusive to eminent domain litigation from access rights for surveying and planning through appraisals and negotiation, immediate occupancy, and discovery and trial – understanding that efficiency is key.  

Foreclosures

The real estate attorneys at Parsons Behle & Latimer help clients manage the foreclosure process and have represented financial institutions and other lenders throughout Utah, Idaho, and Nevada in the foreclosure process for decades. Our attorneys pursue both non-judicial and judicial foreclosures for residential and commercial properties. We work to minimize the risks to lenders and delays by defaulting borrowers to ensure that the foreclosure sales occur as quickly as possible. During the foreclosure process, we also assist clients looking for alternatives to foreclosure through loan workouts, loan modifications, short sales and obtaining deeds in lieu of foreclosure.

Real Estate Taxation & 1031 Exchanges

Parsons Behle & Latimer can create an effective real estate taxation plan that is customized to your specific requirements. Parsons' real estate attorneys structure LLC and partnership agreements for allocation, distribution and liquidation in order to give substantial economic effect to special allocations, which allows clients a broad range of equity financing arrangements for real estate. We advise on immediate and deferred like-kind exchanges, qualified intermediaries, exchange accommodation titleholders, reverse like-kind exchanges, and tax-free replacement of similar use property that is subject to condemnation or involuntary conversion. We provide information on use of investment members to monetize low-income housing tax credits and investments using other tax credits including energy and renewable resource credits. We help clients with conservation easements, and we advise on incentives, deductions, credits and special accounting provisions relating to remediation of polluted property.

Public Lands

The real estate attorneys at Parsons Behle & Latimer have the experience and knowledge needed to help clients with owning, acquiring, developing, selling, financing, managing and leasing their real property interests. Our clients range from individuals to multi-national, national, and local companies and organizations. We have an extensive legal and practical background in helping our clients to structure, assess, and document all facets of their real estate and financing transactions. Additionally, we have a broad range of experience in representing owners, investors, developers, and users of retail, industrial, commercial, resort, hotel, office, and multi-family properties.

Real Estate Finance

The real estate attorneys at Parsons Behle & Latimer assist clients in all stages of real estate financing transactions and represent lenders and borrowers during all phases of consumer, commercial, construction and permanent loans; lease and project financing; workouts and loan restructuring; and foreclosure and recovery actions.

Parsons real estate team can provide effective counsel and representation on individual transactions, loan procedure design, and documentation programs, as well as local representation on multi-state and multi-national transactions. Our attorneys also represent investors in conduit financing programs and mortgage securitization.

Real Estate Fund

The real estate attorneys at Parsons Behle & Latimer counsel both new and seasoned investment fund sponsors and investors through every step of the process and throughout the life of the fund. We have significant experience creating real estate funds and structuring them in the best interest of the fund and its investors. We take a multidisciplinary approach drawing upon the knowledge and industry expertise our Tax, Real Estate, Corporate and Securities and Finance teams to provide practical, timely and cost-effective legal services.

Insights