Practices & Industries

Real Estate Law

Since our founding in 1894, Bernkopf has been exceptionally focused on real estate and related capital opportunities and asset operation. This concentrated approach ensures that our lawyers recognize and act on the hottest real estate issues and opportunities.

We know how to put a better deal together because we see all sides of the deal; we understand all the variables and moving parts. We can shift things around to get the deal done. We can draw from countless possible solutions to find the right way to handle the deal. We know which levers to pull, which buttons to push, and how to tighten the gears to ensure the machine runs efficiently.

We’ve represented some of Boston’s largest real estate developers since they were putting together their first small residential housing deals. Now they’re building some of Boston’s most prominent buildings and developing enormous, complex hospitals and multi-use projects with thousands of units. Our clients grow with us as we’ve grown with them. We’ve been there every step of the way, always helping them get the deal done.

In real estate, a lease is a lease is a lease. But we understand what issues or clauses are actually important to you from a business perspective, so we negotiate the points that matter, the ones that give you a business advantage. The rest is background noise. We don’t get bogged down in details that don’t matter; we stay focused on the big picture. We like to say that “we do the deal the client needs and negotiate for the things that truly matter.” We know how to let them win on minor issues so we can win on those that are really important to our clients.

Staying well ahead of the curve in understanding the legal and business challenges facing sophisticated 21st-century real estate clients, our real estate attorneys help guide our clients through all phases of real estate purchase, sale, ownership, financing, and development.

Our attorneys have been major players in all aspects of significant real estate transactions throughout New England and nationwide, handling commercial, retail, industrial, and residential development projects. We are customarily involved start-to-finish in all phases of real estate development, finance, and operations, including acquisitions, sales, permitting, construction, leasing, financing, syndication, and property operations and management.

We offer uniquely creative expertise in title matters, identifying and solving complex title issues, and arranging for title insurance coverage.

Our daily contact with the capital markets provides our clients with current and creative capital solutions as they affect real estate, purchase development, and disposition opportunities. These creative opportunities include projects involving:

  • Retail buildings and shopping centers
  • Hotels
  • Restaurants
  • Office buildings
  • Residential properties
  • Affordable housing
  • Industrial properties
  • Mixed-use facilities
  • Condominiums
  • Subdivisions and parcel assemblages

We are well versed in zoning, land use, permitting, and governmental compliance. We specialize in commercial leasing, representing landlords and tenants in retail, office, big-box, pad sites, and ground- and master-lease developments. We assist clients in “green” building projects, including LEED®-certified projects.

Our attorneys also provide creative advice on securing debt and equity, from private placements and mezzanine loans to conventional finances.

And when a real estate transaction runs into financial difficulty, we have a team that can effectively negotiate loan workouts and restructurings.

Our clients know that we genuinely understand their business challenges. Considering the issues from their perspectives helps us resolve routine and complex real estate issues, offering practical, cost-effective insights and strategies to help them achieve their goals.