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Real Estate: Unique Asset Classes


Overview

Although every real estate project involves its own set of challenges, certain asset classes require a legal team with a deep understanding of the industry. Carlton Fields has the experience and skill required to provide effective client representation. 
 

  • Senior Housing/Assisted Living/Healthcare Facilities
    We regularly represent investors, owners and management companies in the development, acquisition, sale, financing and management of independent and assisted living communities, other senior housing facilities, and healthcare facilities around the country.  Members of the Real Estate Group work with lawyers in our healthcare, employment, corporate, tax, regulatory and litigation groups to represent clients involved in these projects.  Our lawyers have developed extensive knowledge of the unique issues facing our clients in this area.  We represent clients in the ground-up development of new facilities and the acquisition of existing facilities.  We are also involved in the equity capitalization and financing of such facilities.  Our clients also rely on us to represent them in their management agreements and legal issues arising in their business operations.

     
  • Master Planned Communities
    Carlton Fields attorneys have played a major role in structuring, negotiating, and documenting numerous successful and complex master planned communities and real estate and resort developments, including those involving condominiums, subdivisions, timeshares, country clubs, and golf courses. From a project’s concept phase to its financing, construction, marketing, sales and management phases, we have represented and worked closely with developers, foreign and domestic sources of capital, architects, contractors, brokers, marketers, managers, and governmental authorities. Our guidance reflects our recognition that legal issues do not exist in a vacuum, but must be viewed in light of critical business goals and decisions.
     
    As valued members of our clients’ teams, we offer extensive working knowledge of the governmental requirements involved with creating master planned communities. These include state condominium, subdivision, and timeshare statutes; as well as statutes dealing with nonprofit corporations. Our focus also covers the numerous federal laws and regulations that impact sales and marketing, such as the Interstate Land Sales Full Disclosure Act, Real Estate Settlement Procedures Act, Truth-in-Lending Act, and various consumer protection statutes. In addition, we address environmental concerns affecting land use control, zoning, subdivision ordinances, and noise abatement regulations. We have significant interaction with state and local regulators in the condominium, subdivision, and timeshare areas, and enjoy an excellent reputation with them as well as with other attorneys throughout the country. 

     
  • Hospitality
    Carlton Fields has extensive experience representing hotel brands, owners, developers, lenders, and managers. Our representation covers all aspects of the purchase, sale, development, and both brand- and third-party management of hotels. As a full service firm with national and international reach, we are also well-equipped to handle client issues related to nearly every legal practice, including environmental, intellectual property, labor and employment, litigation and arbitration, and tax.  Learn more about the services we provide to hospitality clients.
     
  • Condominium and Resorts
    We help clients structure, negotiate, and document complex real estate and resort developments throughout Florida and numerous other states. These projects include master planned and mixed-use communities; condominiums; subdivisions; timeshares; country clubs and golf courses; hotel and resort developments; and destinations. From a project’s concept phase to its financing, construction, marketing, sales, and management phases, we represent and work closely with developers, foreign and domestic sources of capital, architects, contractors, brokers, marketers, managers, and governmental authorities. Learn more about our capabilities for condominiums and other associations.

     

Experience

  • Representation of developer and operator in the conversion of a former nursing home facility into an assisted living facility, including land use, acquisition, construction financing, equity capitalization and Freddie Mac permanent financing
  • Representation of client in formation of equity fund to acquire assisted living and memory–care facilities in New England
  • Representation of sponsor in a portfolio sale of assisted living and Alzheimer’s facilities to a joint venture led by a public REIT and the subsequent co-investment by sponsor in such joint venture, including negotiation of master leases and management agreements for all facilities
  • Representation of senior housing management company in negotiation of management agreements for independent living, assisted living and memory-care facilities
  • Representation of operator in ground-up development of assisted living facilities in eastern United States, including land acquisition, development contracts, equity investments, construction financing, and take-out permanent financing for all facilities

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.