- Purchase + Sale Transactions
For decades, Feinstein & Partners has been assisting local and international clients in structuring and negotiating real estate transactions for the purchase and sale of commercial and residential real estate in New York, Florida and Connecticut. We have successfully closed hundreds of residential and commercial real estate transactions for our clients across numerous real estate asset classes, including residential and commercial condominiums, cooperatives, townhouses, office and apartment buildings, mixed used projects, and multi-family and single-family residential developments. Our lawyers guide our clients through every aspect of a real estate transaction, including:
- Drafting, negotiating and reviewing purchase offers, contracts of purchase and sale, closing documents and deeds
- Selecting and forming tax-efficient real estate holding entities for domestic and international clients
- Structuring sales, mergers and other real estate transactions to minimize tax exposure for domestic and foreign clients
- Conducting title search and examination. and resolution of title problems
- Closing services
- Real Estate Financing
Our attorneys have extensive experience with assisting borrowers and lenders at every stage of real estate financing transactions. Being effective, experienced, dedicated, and cost-efficient, Feinstein & Partners provides excellent legal services for various financing transactions dealing with real estate, such as commercial and residential financing, mezzanine financing, loan workouts and restructuring, acquisition and disposition of distressed assets. Our services include:
- Reviewing, negotiating and drafting loan agreements, promissory notes, personal guarantees, and collateral assignments
- Drafting and filing UCC financing statements
- Conducting foreclosure negotiations and mortgage renegotiations
- Construction Agreements
Feinstein & Partners has an in-depth understanding of the legal issues and risks facing real estate owners and developers. We work closely with our clients to draft construction contracts and other legal documents necessary for cost-effective and efficient project development. Our clients include property owners, subcontractors, developers and other construction professionals. Our services include:
- Reviewing, negotiating and drafting a wide variety of construction agreements to mitigate financial risks and serve each client’s unique objectives
- Guiding our clients through various construction related disputes including faulty documentation, construction defects or delays, unforeseen conditions, violations and damages to adjacent properties, breach of contract by any party, stop work orders, etc.
- Properly drafting and filing mechanics liens, as well as negotiating, resolving, and discharging lien disputes or the foreclosure of mechanics liens
- Tax Planning for Real Estate Transactions
Feinstein & Partners focuses on real estate tax planning for domestic and foreign investors, developers and users of real property. We have assisted clients to develop and implement creative and efficient tax structures for the acquisition, development and disposition of investment properties. We ensure that our clients understand the tax consequences of each contemplated real estate transaction and consider alternative tax structures that might produce different tax effects. We provide tax analysis for a broad range of transactions. Our real estate tax planning services include:
- Structuring tax efficient domestic and offshore real estate holding entities
- Tax structuring for various real estate transactions
- Assisting clients to defer taxable gain through 1031 like-kind exchanges
- Tax planning for real estate development activities, including differentiating between real estate dealer versus investor status
- Cost segregation studies for real estate investment properties
- Tax structuring of foreign investments in U.S. real estate
- Commercial Leasing
For decades, Feinstein & Partners has been providing cost-effective closing services to domestic and international tenants and landlords in commercial leasing transactions throughout New York. Years of accumulated knowledge and experience in real estate law enable us to effectively approach and negotiate leasing transactions to meet each client’s unique business objectives.
We have represented domestic and international tenants in office leasing transactions, ranging in size from headquarters to smaller branch office spaces in office parks and urban office buildings in New York. We have also represented local and international tenants in all types of retail transactions, including leases for stores, art galleries, bars and restaurants.
Because of our long-term involvement in the leasing of office spaces in New York, we have developed working relationships with many landlords, brokers and other real estate attorneys in the industry. These relationships help to facilitate leasing transactions for our clients.
- Foreign investments in U.S. Real Estate
Feinstein & Partners specializes in providing advice to foreign investors on all tax and practical matters pertaining to their investment in U.S. real estate. Our experts will develop optimal investment and tax structures to enable our clients to meet their personal and business objectives. Such investment structures are designed to minimize, and in some cases even eliminate, the obligation to pay income and estate taxes associated with investments in U.S. real estate. Our services include:
- Structuring tax efficient domestic and offshore real estate holding entities
- Creating investment structures to minimize the federal, state and municipal income tax levied on the current operating income and gains on disposition of income generating property
- Ensuring compliance with federal, state and municipal tax laws
- Preparing documentation and ensuring compliance with legal requirements in order to minimize the taxes withheld in connection with the sale of the property, including the preparation of applications for a certificate of deduction of tax upon transfer of ownership (Withholding Certificates) to prevent over-withholding of tax upon transfer of the property
- Use of tax treaties to avoid double taxation
- Maintaining the investment structure’s legal documentation for the reporting year