Real Estate

Our attorneys are experienced in representing cities, buyers and sellers, landlords, tenants, lenders, borrowers, and guarantors in Arizona’s real estate market. Our lawyers have examined real estate issues from all perspectives, whether in the midst of a deal, advising parties upon a breach or potential breach in a sale or lease transaction, or planning and documenting transactions to avoid future problems.  We will negotiate and document real estate sales, leases, and financing transactions as well as resolution of disputes in implementation or compliance with agreements related to the real estate transaction. We represent property owners regarding the sale, leasing, development, and financing of real property projects. We assist in documenting all types of financing transactions from traditional commercial deals to hard money loans to debtor-in-possession financing in bankruptcy.  We have handled complex real estate issues on behalf of real estate investment trust (REITs) and land banking clients. As part of our real estate practice, we can assist with water rights, land use and regulatory compliance, easements, title issues, lien removal, and ownership disputes. We often draft effluent and water service, water exchange and underground storage and recovery agreements. The breadth of our real estate expertise comes in part from our vantage point of years of analyzing real estate transactions that have become the subject of litigation, bankruptcy proceedings, and other disputes.

Examples of our experience include the following:

• Greenehaven Development:
  EB represented the purchaser of nearly all the private land on Lake Powell just above Page, Arizona. The acquisition was unique in that it was obtained through an auction process, and involved transfer of shares of stock in the prior ownership entity. After the successful acquisition, we have assisted our client in development issues including creation of a homeowner’s association, resolving issues regarding sewers, and negotiating and drafting related contracts.

• The Ranch at Whitehills (Mohave County):
  EB represented the developer in the acquisition and development of approximately 40,000 acres in Mohave County. The representation included successful removal of a Lis Pendens affecting title to the property, drafting real estate purchase and sales contracts, handling water rights issues for the project, and forming and licensing business entities relating to the development.

• Enterprise Rent-A-Car:
  EB represented Enterprise in real estate and zoning work, including negotiating and drafting real estate purchase contracts, including the purchase agreement and permitting for its regional corporate office, negotiating and drafting construction contracts, and obtaining rezoning and special permits to allow for rental car use for the property that it was either purchasing or leasing. In addition, EB has represented the company regarding condemnation and signage issues, including defense of the condemnation of a portion of one of its branch offices for the light rail project.

• City of Scottsdale:
  EB recently assisted the City of Scottsdale in a real estate transaction involving the sale of property owned by the City in the northwest portion of the State.