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Practice Areas

Commercial and Investment Purchase and Sale Transactions

Burnham Brown's real estate attorneys represent developers and investors in all aspects of the purchase, development and sale of real property assets including negotiating and drafting the terms and conditions of letters of intent, contracts, escrows and security interest documents, easements, CC&Rs and construction contracts.

When purchasing a property, Burnham Brown's attorneys are experienced in due diligence matters including financial disclosures and reviews, environmental concerns and title issues. 

When a client is developing investment property, Burnham Brown attorneys, in conjunction with the client's land use consultants and engineers will assist in obtaining the client's goals and objectives through negotiations with government entities, neighboring landowners and contractors and drafting the documents necessary to implement the agreements and development. Our real estate attorneys regularly work closely with our clients to obtain flexibility in loan terms and conditions to allow future transfers of property interests for estate planning purposes and to minimize exposure to potential future environmental claims.

When selling a property, Burnham Brown's attorneys work with our clients to negotiate, in conjunction with our client's tax advisors, favorable contract terms and conditions and to reduce exposure for future claims by property buyers. Attention is also given to structuring the sale of an investment property in a manner that maximizes the value of the transaction, including IRC §1031 exchanges.

Burnham Brown attorneys represent borrowers in the negotiation of commercial and investment property loan terms and conditions including the promissory notes and deeds of trust as well as limitations and exceptions to non-recourse and environmental guaranties.

The borrower, type of loan and the designated lender will guide the firm's attorneys in our real estate practice group's efforts at efficiently and effectively completing

Burnham Brown attorneys are also experienced in renegotiating loan terms and conditions, workout agreements and foreclosure laws in light of the current economic and real estate valuation downturn.