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Retail & Office

Retail

At WHWW, our dedicated team specializes in addressing the unique legal needs of the retail industry which are varied and complex. With deep industry knowledge, proven success, and a focus on delivering practical solutions, we are committed to helping those operating in the retail industry successfully navigate the complexities of developing, acquiring, leasing, and managing retail properties. We represent clients large and small, landlords and tenants, from national retailers to shopping center owners, grocery store operators, developers, and a wide variety of other clients.

Our Expertise:

Property Acquisition: We guide you through every step of acquiring retail properties, from due diligence to contract negotiation and closing. Our team ensures that all legal aspects, such as title searches, environmental assessments, and compliance with zoning laws, are thoroughly addressed to protect your investment and streamline the acquisition process.

Lease Negotiation and Management: Our attorneys are skilled in negotiating retail lease agreements to secure favorable terms that align with your business strategy. We focus on critical elements such as rent structures, lease duration, renewal options, exclusivity clauses, and tenant improvements. Additionally, we provide ongoing support to manage and resolve any issues that arise during the lease term, ensuring a smooth and productive landlord-tenant relationship.

Landlord-Tenant Disputes: We offer robust representation to both landlords and tenants in the retail industry, addressing issues such as lease violations, maintenance responsibilities, rent disputes, and eviction proceedings. Our approach is to resolve conflicts efficiently through negotiation or litigation, if necessary, safeguarding your business operations and ensuring your rights are upheld.

Development and Construction: Whether you're developing new retail spaces or renovating existing properties, we provide expert legal support for all phases of the development process. This includes navigating zoning regulations, drafting and negotiating construction contracts, and advising on compliance with applicable law.

Property Sales and Dispositions: Our team assists with the sale or disposition of retail properties, handling all aspects of the transaction to ensure a successful outcome. We manage the structuring of deals, conduct thorough due diligence, negotiate terms, and facilitate a smooth closing process, helping you achieve your financial and strategic goals.

Lease Renewal and Restructuring: As your business evolves, we offer strategic advice on lease renewals and restructuring to reflect changing market conditions and business needs. Our goal is to negotiate terms that provide flexibility, reduce costs, and support your long-term growth, ensuring that your lease agreements continue to serve your business interests effectively.

Office

Our practice in representing owners and managers of office properties is distinguished by our comprehensive expertise and commitment to achieving favorable outcomes for our clients. Whether you are acquiring, managing, or divesting of your office assets, our team is equipped with the knowledge and experience necessary to navigate the complexities of this dynamic sector.

Purchase and Sale Transactions: Navigating the acquisition and sale of office properties demands a keen understanding of both legal nuances and market expectations. Our firm has a proven track record in advising clients through all stages of purchase and sale transactions. From contract negotiations through due diligence to closing, we ensure that our clients' interests are protected and their objectives are met efficiently and effectively.

Office Leasing: Leasing agreements are the cornerstone of office property ownership and cash-flow. We excel in drafting and negotiating lease agreements that reflect our clients' goals while safeguarding their rights. Whether negotiating with prospective tenants or addressing lease renewals and amendments, our team is dedicated to maximizing the value of our clients' assets.

Landlord/Tenant Disputes: Resolving disputes between landlords and tenants requires an approach that balances legal strategy with practical solutions. Our firm handles landlord/tenant conflicts with a focus on achieving swift resolutions through negotiation or litigation when necessary. Whether through lease enforcement, settlement or eviction, we advocate vigorously for our clients' interests while minimizing disruptions to property operations.

Finance: Securing financing for office property investments demands a thorough knowledge of not only the financial instruments themselves but a clear understanding of our clients’ expectations for the trajectory of the ownership and development of the building. We provide strategic counsel on financing options, including traditional mortgages, refinancing, and alternative financing structures. Our goal is to facilitate transactions that optimize our clients' financial positions and support their long-term objectives.

Contracts and Negotiation: Clear and enforceable contracts are essential in every aspect of office property management. Our attorneys draft, review, and negotiate contracts with precision, ensuring that agreements are tailored to mitigate risks and maximize benefits for our clients. Whether negotiating vendor contracts, brokerage and property management agreements or construction contracts, we prioritize clarity and protection of our clients' interests.

At WHWW, we tailor our legal strategies to align with our clients' business objectives and operational priorities. Whether representing institutional investors, developers, or private owners, we provide proactive legal guidance that anticipates challenges and capitalizes on opportunities in the commercial office sector.

In an increasingly competitive commercial real estate environment, partnering with a law firm that understands the complexities of office property ownership is essential. At WHWW, our dedication to excellence and our commitment to achieving results set us apart. We invite you to explore how our specialized expertise can empower your office property investments and operations.

Frequently Asked Questions

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We assist in negotiating all aspects of retail lease agreements, including rent, lease term, renewal options, maintenance responsibilities, and any special provisions. Our goal is to secure terms that align with your business objectives and protect your interests and confirm that all negotiated terms are reflected in the final lease agreement.

Retail property development involves navigating zoning laws, land use regulations, and construction contracts. We provide legal guidance to ensure compliance with all regulations and manage any legal challenges that may arise during the development process.

The condition of the office market can significantly affect the terms negotiated between the parties.  For example, if a tenant has a renewal option on a short-term lease in a market where rent rates are increasing quickly, it may prefer to negotiated for a standard percentage rent escalation whereas the landlord might prefer to establish the rent rate with a fair market valuation at the time of renewal.  Sometimes future lease terms are negotiated in response to market factors or past conditions.  Many tenants have recently worked to negotiate shorter term leases, contraction rights and more flexible assignment and subletting options in response to employees’ heightened interest in remote work.

In addition to standard commercial property due diligence, such as title review, survey, and an environmental inspection, the purchaser of an office building will also want to look several additional factors specific to the operation of the office building.  Is the building a part of a commercial complex with use restrictions or contribution to an owner’s association?  How many years are left on the leases and are the tenants current on rent?  Is the owner compliant under its leases?  Are there outstanding tenant improvements dollars or other amounts owed to tenants?  Are there upcoming capital expenditures and  what kind of impact will that have on return on investment (ROI)?

Rent disputes can be challenging to navigate.  Communication is key and sometimes a rent dispute can be settled amicably.  If this doesn’t occur, then the terms of the lease and the applicable law will determine what sort of default notice should be provided, any opportunities to cure, and what remedies are available to the landlord. 

A Full Service Law Firm

Trust WHWW for a holistic approach to law, tailored to your unique requirements. Explore the difference of a full-service partnership – where your success is our priority.

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