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Real Estate

Client needs are our top priority. By using a practical, business-driven approach, our real estate section works with attorneys from our corporate, intellectual property, tax, bankruptcy, litigation, labor, environmental and other sections of our firm to ensure that our clients are fully served. Our goal is to deliver meaningful, creative, comprehensive, and efficient legal services to each of our clients.

Our clients include the oldest established businesses in Hawaii, in addition to more recent developers with real estate interests throughout the Pacific.

The following is a representative sampling of our real estate work:

  • Development - (i) Planning - structure and form development entities; coordinate and implement financing, tax and risk reduction strategies; coordinate development entitlements; counsel regarding on project permits, zoning requirements and development approvals; devise and implement marketing, leasing and exit strategies; (ii) Documentation - negotiate and draft all forms of development documentation, including options, development agreements, brokerage and escrow arrangements, leases, easements, access rights and licenses; review and negotiate loan commitments and documents; prepare sales documents, condominium documents, reciprocal easements, cost allocation agreements, subdivision restrictions, and protective covenants; negotiate and draft design, construction, design-build and EPC contracts and project management agreements; (iii) Regulatory Requirements - analyze, prepare and coordinate land sale offering registrations and exemptions; and (iv) Conveyancing - handle all conveyancing and leasing issues.
  • Financing – negotiate, document and implement all types of commercial and development financing arrangements, including conventional mortgage loans, securitized loans, sale leasebacks, and equity arrangements.
  • Transactions - (i) Acquisitions and Sales - represent clients acquiring, selling, exchanging or disposing of all real estate, including agricultural lands, hotels and resorts, golf courses, commercial buildings, retail spaces, residential developments and individual residences; (ii) Tax Planning - render advice on consequences and strategies related to real estate transactions and all types of tax-deferred exchanges under Internal Revenue Code Section 1031, including reverse and build-to-suit exchanges.
  • Litigation - represent clients pursuing or defending claims involving construction contracts, alleged construction or design defects, foreclosure and complex real estate litigation, landlord/tenant matters, summary possession, real property tax and assessments, condemnations (including proceedings under the Hawaii Land Reform Act), and lease rent negotiations and arbitrations.
  • Leasing - represent landlords and tenants in negotiation and documentation of all commercial and residential leases and lease rent renegotiations.
  • Land Title - handle all title matters, including adverse possession and quiet title actions.

Representative developments include: Koa Ridge, Kohanaiki Shores, Kukuiʽula Development, Kapolei Commons, Kona Commons, Lanai Resorts, Moanalua Shopping Center, Mauna Lani, Mililani Town, Waikoloa Beach Resort, The Wailea Beach Hotel, Guam Premium Outlets, The Hyatt Regency Kauai, Sheraton Waikiki, Royal Hawaiian Hotel, Moana Surfrider Hotel, Princess Kaiulani Hotel and Sheraton Maui Hotel.

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