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Real Estate and Finance

Nutter has a substantial commercial real estate practice, extending into the most complex transactions and developments.

Our clients
Our clients include owners, operators, lenders, developers, managers, brokers, institutional investors, governmental authorities and quasi-governmental organizations, hospitals and other health care providers, educational institutions, and other not-for-profit entities.

We represent clients before federal, regional, state, and local governmental authorities, boards and agencies (including the Cape Cod and Martha's Vineyard Commissions), local zoning boards and planning boards, the Massachusetts Department of Environmental Protection, Massachusetts Executive Office of Environmental Affairs, and the U.S. Environmental Protection Agency.

We also represent numerous institutional lenders, including life insurance companies, pension funds, banks, and real estate investment trusts in creditor matters such as financings and loan restructurings. Our experience with these lending institutions also allows us to effectively represent borrowers and property owners in financing matters.

Our practice
Our real estate and finance attorneys represent our clients in all aspects of sophisticated real estate transactions, including:

  • Acquisitions and dispositions
  • Entity formation
  • Land use and permitting
  • Conveyancing
  • Real estate financing
  • Leasing and property management
  • Construction contracting
  • Foreclosures, workouts, and restructurings
  • Environmental compliance and regulatory matters

Our projects
Clients depend on us to:

  • Negotiate brokerage agreements, purchase and sale agreements and land disposition agreements
  • Arrange sale-leaseback transactions and tax-free exchanges
  • Perform title examinations and procure title insurance coverage
  • Assist in the land control and assembly of parcels of land that allows for optimum developer build-out
  • Creatively negotiate options, first refusal rights, restrictions and easements to meet developer objectives; use industrial/office park covenants and contract zoning where appropriate
  • Form corporations, partnerships, limited liability companies, trusts, and other entities for the effective ownership and control of real estate
  • Plan projects in light of governmental constraints on development
  • Obtain zoning, wetlands, subdivision, and other governmental approvals
  • Analyze the environmental risks associated with various properties
  • Negotiate insurance policies and environmental agreements such as indemnities covenants not-to-sue, and activity and use limitations
  • Structure and close construction, interim and permanent mortgage loan financings for lenders and borrowers
  • Negotiate and close equity and mezzanine financings through structures such as joint ventures, syndications, and private placements
  • Apply specialized expertise to the development, financing and sale of health care facilities, hotels, and projects for nonprofit institutions
  • Handle multi-state acquisitions, dispositions and financings, including real estate asset pools
  • Represent landlords and tenants in the negotiation and administration of leases for office, retail, industrial, and other properties
  • Counsel owners and managers on building operations
  • Advise owners and developers on negotiating and administering architects', general contractors' and other construction contracts
  • Represent creditors and debtors with non-performing properties, including loan restructuring and workout strategies, bankruptcy reorganization plans, and foreclosures

Our attorneys
Our attorneys are prominent and highly respected members of the legal and real estate communities. They are active leaders and members of the American College of Real Estate Lawyers, National Association of Industrial and Office Properties (NAIOP), Real Estate Finance Association of the Greater Boston Real Estate Board, Commercial Real Estate Women Network (CREW), Massachusetts Conveyancers Association, the American, Massachusetts, and Boston Bar Associations, Massachusetts Continuing Legal Education, Inc., and numerous other professional, trade, civic, and charitable organizations.