REAL ESTATE, DEVELOPMENT & FINANCE

We guide clients through complex real estate acquisitions and dispositions involving all types of properties. Our services include:

• Negotiating letters of intent and drafting purchase and sale agreements
• Performing title and survey reviews and resolving title defects
• Structuring title insurance policies
• Negotiating financing agreements for construction and long-term needs
• Preparing closing documents and overseeing transactions from start to finish

By leveraging a trusted network of brokers, title companies, escrow agents, and lenders, we help clients achieve successful closings efficiently and effectively

Our team has extensive experience drafting covenants, easements, and CC&Rs for residential and commercial projects. We have also negotiated and prepared licenses for unique property types such as parking garages, public and private docks, and marinas. Notable projects include:

• Negotiating a protective view covenant preserving the northerly view from the home stadium of the Seattle Seahawks
• Drafting shoring easements and crane swing licenses for high-rise developments
• Advising on affordable housing covenants and telecommunications easements

We represent both landlords and tenants in leasing matters across a variety of property types, including office, retail, industrial, and medical spaces. Our experience includes:

• Negotiating leases for Seattle’s prominent restaurants and arts institutions, such as The Frye Art Museum and Cornish Playhouse
• Drafting and documenting complex ground lease arrangements for developments such as shopping centers, automobile dealerships, and off-campus student housing

We assist clients in forming real estate investment and development entities, including limited liability companies, limited partnerships, and tenant-in-common arrangements. Examples include:

• Advising a multi-member LLC managing a portfolio of office buildings in Seattle’s Fremont neighborhood
• Representing the development partner in a high-rise multi-family project in Seattle’s Stadium District

Our attorneys represent public and private property owners, municipalities, developers, and contractors in all aspects of real estate development and construction, including:

• Advising during project planning and design phases
• Preparing Owner/Design Professional and Owner/Contractor agreements
• Assisting with bidding documents and project close-out issues
• Resolving claims through mediation, arbitration, or litigation
• Preparing and defending lien claims

Our attorneys have a long-standing practice resolving claims throughout the Pacific Northwest on behalf of title insurance companies and their insured lenders and homeowners.  We resolve and litigate a variety of disputes, including, but not limited to:

• Easements
• Liens
• Fraud
• Defective titles
• Competing title claims
• Priority of interests
• Property access
• Boundary disputes
• Subrogation claims

Our practical approach often helps us resolve clients’ claims through negotiated resolutions.  We also handle complex litigation involving multiple parties and millions of dollars.  We have helped our clients reach success at summary judgment, through trial, and on appeal.  Our lawyers are among the most experienced and knowledgeable in this area of law, having worked on these issues for more than 40 years.

Learn more about our Title Insurance Practice & Real Property Litigation Group.

We represent lenders and borrowers in mortgage financing transactions by providing advice on the structuring and documentation of commercial loan transactions involving real property collateral. Our experience includes negotiating both construction and permanent financing documents, advising on refinances, conduit lending, and other security arrangements. We have also acted as both borrower’s and lender’s counsel on a variety of bond financing and loan sale transactions.

In consultation with our litigation and creditors’ rights practices, we also advise clients on deed of trust and mortgage remedies and enforcement alternatives including judicial and non-judicial foreclosure, deeds-in-lieu of foreclosure, petitioning for custodial and general receivership and litigation including prosecution and defense of actions to recover post-foreclosure deficiencies.

Our real estate litigation team is well known for its breadth of experience and depth of knowledge. Our lawyers have handled complex litigation matters involving virtually all aspects of real estate including:

• Construction
• Commercial Lease Disputes
• Partnership Disputes
• Broker Commission Disputes
• Adverse Possession Claims
• Specific Performance
• Title Insurance Claims
• Eminent Domain and Condemnation
• Environmental Remediation and Cost Recovery
• Insurance Coverage (property, liability, environmental and title)
• Foreclosure and other realization proceedings

Our attorneys have been counsel of record in a number of high profile matters, all of which have resulted in published opinions favorable to our clients.

Retail real estate presents unique challenges and opportunities that require tailored solutions. Our attorneys have extensive experience assisting clients with all aspects of retail site development and transactions. We represent both landlords and tenants in matters such as sale and leaseback transactions, site leases, shopping center development, and title work. Our comprehensive approach ensures that each document is carefully crafted to reflect the specific needs of the transaction while maintaining efficiency and cost-effectiveness.
Our services in retail real estate include:

• Leases for all types of tenants and landlords; including shopping center leases (including major tenant, credit tenant, ground leases, sale and leaseback leases, build-to-suit leases and out-parcel tenant leases), office leases and industrial leases.
• Letters of Intent and Purchase and Sale Agreements for all types of property including shopping centers, office buildings, industrial parks, multi-family projects, urban and suburban parcels.
• Development Agreements (including for shopping centers, urban and suburban office buildings and industrial parks).
• Operating Agreements, such as Construction, Operation and Reciprocal Easement Agreements, and Declarations of Easements, Covenants and Restrictions, and similar documents prepared in connection with shopping centers, industrial parks and other commercial and residential developments.
• Common Area Maintenance Agreements and Property Management Agreements.
• Loan Documents (including Letters of Credit, Promissory Notes, Deeds of Trust, Assignment of Leases, Security Agreements, and Guarantees).
• Closing documents (including deeds, escrow agreements, lien releases, mortgages and escrow instructions) and title insurance policies and endorsements.
• Miscellaneous documents, such as subordination and non-disturbance agreements, estoppels, bills of sale, architect contracts, assignments, assumption agreements, construction contracts, easements, letters of credit, licenses, liens, listing agreements, nominee agreements, options to purchase/lease, partnership, tenancy-in-common and joint venture agreements related to real estate ownership and/or development, party wall agreements, rights of first refusal.

Due to our substantial work in real estate, local and national title companies frequently retain us for litigation matters, where our clients have consistently achieved favorable outcomes. Our significant experience with due diligence requirements has been developed through our real estate practice as well as other areas, including leveraged buyouts, major loan transactions unrelated to real estate, and corporate financing and refinancing.

We have represented our clients in the formation, documentation and management of residential, commercial and mixed-use condominium projects under the Washington Condominium Act and its predecessor statute, the Horizontal Property Regimes Act. In Washington, condominiums are an important from of property ownership allowing developers to create separately transferrable property interests (units) without the formalities, complexities and administrative burdens inherent in the subdivision and platting processes.

We represent developers, buyers and sellers of entire projects and individual condominium units in a vast array of property types including high-end residential development, apartment to condominium conversions, condominium retail shopping centers, work/live mixed-use spaces and waterfront marinas.

Our Community Associations Group assists homeowner associations (HOAs) and condominium associations in managing real property and construction-related litigation, planning and contracting for large-scale improvement and repair projects, and resolving disputes involving construction defects or contractor performance. Our extensive experience in these areas ensures that community associations receive the support they need to effectively maintain and improve their properties.

Click here for more information on our Community Associations Group.

Our attorneys also assist with a variety of additional transactional matters, including:

• Land Swaps
• Boundary Line Adjustments and Boundary Line Agreements
• Certification and Sale of Transferrable Development Rights (TDR) under the Seattle Municipal Code
• Tenancy In Common (TIC) Agreements, including TIC arrangements qualifying for treatment under Section 1031 of the Internal Revenue Code
• Sales and leasing to Native American tribes
• Representing franchisees in commercial leasing

With over a century of experience, Ryan Swanson’s Real Estate, Development & Finance Practice Group provides comprehensive services to meet the diverse needs of our clients.