The creation or redevelopment of vibrant retail, shopping, and mixed-use projects involves a host of parties with varying interests. Developers, landlords, anchor tenants, lenders, investors, and municipalities require sure-footed resolution for a successful project. Negotiating agreements and structuring the documentation is best accomplished by professionals with deep expertise in complex projects and familiarity with the landscape.
In retail real estate, time is definitely money.
For almost 50 years, we have represented clients in complex transactions and maintain cutting edge know-how. Our attorneys are masters of detail, anticipating issues and addressing them proactively. If required for the property involved, we tap into our highly sophisticated, well-coordinated team of specialists in tax, environmental, land use, bankruptcy, finance, construction, and litigation, protecting your interests and delivery your project on time and on budget, to exceed your expectations.
Commercial Lease Documentation
- Ground leases
- Build-to-suit leases
- Reverse build-to-suit leases
- Pad site leases
- Lease guaranties
- Site development agreements
- Reciprocal and cross-easement agreements
- Declarations, REAs, and OEAs
Sale and Acquisition of Shopping Centers and Regional Malls
We represent developers, institutional investors, and other parties in the purchase and sale of traditional shopping centers, big-box/anchor tenant developments, lifestyle centers, power centers, free-standing big-box properties, mixed-use developments, and other retail properties, such as retail condominiums.
Private Equity Investment
We represent private investors in acquiring or selling equity interests in retail real estate ventures and companies. This practice includes:
- Joint-venture agreements
- Limited liability companies
- Equity partnerships
- Offering memoranda
- Subscription agreements
We also represent developers, institutional investors, and other parties in all phases of acquisition, construction, and permanent financing transactions. We know what these lenders will require and anticipate those requirements when we negotiate leases and other project documents. Our loan expertise includes:
- Construction and permanent financing
- Representation during development
- Optimizing leases & documentation to appeal to lenders
- Credit tenant lease financing
- CMBS transactions (borrower representation)
- Loan defeasance transactions (borrower/seller representation)
We help clients secure licenses, permits, and approvals needed for retail projects. We have contacts and working relationships with other key professionals in the regulatory process, such as architects, civil engineers, and traffic and environmental consultants. We help identify zoning, land use, and regulatory issues up front and help preemptively safeguard approvals from later appeal or legal challenge.
We represent property owners contesting new tax assessments and in seeking tax abatements. We help the client decide what approach makes the most business sense and are often able to negotiate favorable settlements prior to litigation and before incurring appraisal costs.
We regularly represent shopping center owners in negotiating management and brokerage agreements and in handling landlord/tenant matters. Noble Allen, Partner, Hinckley Allen, “wrote the book” on landlord/tenant law in Connecticut.
Hinckley Allen provided strategic counsel to Boylston Properties and The Wilder Companies, who recently secured the equity funding and construction loan necessary to begin construction of New England’s premier urban mixed-use redevelopment project. Arsen…
U.S. counsel for New England Based Real Estate Investment Company in $114M Tel Aviv Stock Exchange Financing Deal
Served as U.S. counsel to a New England based Real Estate Investment company, Waterstone Property Group, which raised $114 million dollars in a bond offering on the Tel Aviv Stock Exchange in Israel. The client is the first Massachusetts Real Estate compan…
News & Insight
Hinckley Allen is pleased to welcome Robin S. Malloy as Counsel to the Firm’s Real Estate Group. Robin is a seasoned real estate attorney with a breadth of knowledge from her experience as both in-house and outside counsel. Robin most recently served as …
Hinckley Allen is pleased to welcome Panagiota (Peggy) A. Pappas to its Real Estate practice. Peggy was most recently an Associate at Liss Law, LLC.Peggy Pappas is an Associate in our Real Estate group. Peggy is client-focused and takes a common sense appr…
John H. Sokul, Jr. will speak at New England Real Estate Journal's (NEREJ) upcoming Northern New England State of the Market summit. He will provide his legal insight on the latest trends, his cutting-edge experiences, and how to keep up with a fast-paced …
The commercial real estate landscape is showing signs of continuous change, particularly with some potentially major shifts in the ongoing trends we saw in 2018. The first quarter of 2019 has shown us that nothing is certain in this industry, and real esta…
Developers who gain control of a property (whether through an option agreement, purchase and sale agreement, or ground lease) and who intend to develop or significantly re-develop the property are often subject to a time-limited permitting period and/or du…