Innovative Legal Solutions Custom-built for Real Estate
At Goodsill, client needs are our top priority. By using a practical, business-driven approach, our real estate group works with attorneys from our corporate, intellectual property, tax, bankruptcy, litigation, labor and environmental sections 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 some of the oldest and most established businesses in Hawai‘i as well as more recent developers with real estate interests throughout the Pacific.
The following is a representative sampling of our real estate work:
- Development: We structure and form development entities; coordinate and implement financing, tax and risk-reduction strategies; and coordinate development entitlements. We also offer counsel regarding on-project permits, zoning requirements and development approvals and devise and implement marketing, leasing and exit strategies.
- Documentation: We negotiate and draft all forms of development documentation, including options, development agreements, brokerage and escrow arrangements, leases, easements, and access rights and licenses. We review and negotiate loan commitments and documents and prepare sales documents, condominium documents, reciprocal easements, cost allocation agreements, subdivision restrictions and protective covenants. We also negotiate and draft design; construction; design-build; and engineering, procurement and construction (EPC) contracts and project management agreements.
- Regulatory requirement: We analyze, prepare and coordinate land sale offering registrations and exemptions.
- Financing: We negotiate, document and implement all types of commercial and development financing arrangements, including conventional mortgage loans, securitized loans, sale leasebacks and equity arrangements.
- Transactions (acquisitions and sales) and Leasing: We represent clients who are 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.
- Tax planning: We 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: We 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 estate property tax and assessments, condemnations (including proceedings under the Hawai‘i Land Reform Act), and lease and rent negotiations and arbitrations.
- Leasing: We represent landlords and tenants in negotiation and documentation of all commercial and residential leases as well as lease and rent renegotiations.
- Land title: We handle all title matters, including adverse possession and quiet title actions.
- Japan and Foreign Investment
- Land Use and Regulatory Compliance
- Lease Rent Arbitration: We represent both lessors and lessees in Hawai’i lease rent renegotiations and arbitrations for a variety of different property types: industrial, hotel, retail, office and residential condominium.
Representative developments include Koa Ridge, Kohanaiki Shores, Kukuiʽula Development, Kona Commons, Lanai Resorts, Moanalua Shopping Center, Waikoloa Beach Resort, Sheraton Waikiki, Royal Hawai’ian Hotel, Moana Surfrider Hotel, Princess Kaiulani Hotel and Sheraton Maui Hotel.