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  • Real estate transactions

Real estate transactions

Whether it is developing vacant land for a new shopping centre, buying a single asset, selling a real estate portfolio, sale-leaseback arrangements, financing, structuring co-ownership, limited partnership and other equity-holding vehicles, De Grandpré Chait remains a leader in real estate law. From negotiating the financing to concluding an agreement, including any activity related to the management of your properties, we are familiar with the specific issues and challenges of any real estate transaction.

Our transactional lawyers work alongside the firm's litigators to help resolve any unexpected situation, and with our lawyers experienced in construction, business law and securities to serve your best interests. As needed, their points of view are taken into consideration when strategies are being devised to successfully close the deal.

Real estate sales and acquisitions

As one of the only firms in Quebec to offer the full scope of commercial real estate legal services, it is quite rare that our lawyers do not act for one of the participants in a major real estate sale or acquisition. We accompany our clients in a wide range of real estate transactions throughout Quebec, no matter the level of complexity, including those related to real estate investment trusts (REIT). A typical real estate mandate includes drafting and negotiating the purchase or sale agreement, participating in due diligence, searching title and negotiating title policies, as well as negotiating and finalizing the closing documents for the real estate transaction, both from an acquisition and a financing point of view.

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Real estate financing

The viability of a real estate investment and development largely depends on its financing. Consequently, it is important to be guided and advised by a team of recognized leaders who can accompany you through every stage of a real estate financing, from negotiating financing terms to implementing the loan documentation. You can also rely on our real estate lawyers to handle mortgage security, to ensure that safeguards for the protection of creditors are implemented and, if needed, to take care of the enforcement of creditors' rights.

De Grandpré Chait represents institutional and private lenders, including insurance companies, pension funds and trust companies, as well as many borrowers of debt funded real estate in projects of all sizes. Our real estate financing team delivers quality legal services in a vast array of commercial real estate lending activities, including acquisition financing, interim and permanent financing, construction loans, portfolio and securitized loan financing, mezzanine debt and restructuring.

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Real estate leasing and operations

Recognizing that leases provide the economic bloodline of any revenue-producing property, occupancy costs must be carefully monitored by space users. In fact, by the sheer longevity of their terms, leases may be a potential source of conflict. Both landlords and tenants of all sizes and asset classes rely on our well-schooled leasing advice. This expertise is also parlayed into sale leaseback transactions, where the leases are generally more heavily negotiated than the purchase itself.

In cities like Montréal, where there is a push for urban revitalization and value maximization of the site, we are witnessing an increase in real estate development that calls for a mixed-use project to maximize the street value of the property while providing the attraction of upper level residential floors. Our real estate lawyers will handle commercial leasing in the context of mixed-use condominium projects where the lease negotiation and drafting must take into account the requirements of the declaration of co-ownership and situations particular to condominium buildings, the intervention of the condominium association and co-ownership issues.

Operationally, you can count on our proven track record with respect to handling day-to-day issues arising between landlords and tenants, owners and governmental authorities, whether the course be negotiation or litigation.

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Environmental aspects of real estate transactions

As environmental regulations and enforcement issues become increasingly significant in real estate transactions, you require both advice and representation regarding the state and condition of industrial, commercial and residential real estate properties, or the liability of real estate owners. From hazardous material contamination problems to issues surrounding wetlands, our lawyers work with the environmental authorities to achieve the best results possible through practical solutions that are both economically viable and environmentally friendly.

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Real estate title services

De Grandpré Chait is one of the few law firms in Quebec that offers full-scale real estate title services. Our title attorneys and notaries produce first-class title reports that are widely accepted by real estate lenders, investors and title insurance companies alike. With a practical approach to title matters, challenges are identified and sustainable remedies are rapidly recommended. We also have a close working relationship with major title insurers that provide excellent and rapid turnaround on owner and lender title policies, as required.

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