Real Property

Litigation

  • Summary possession (eviction) litigation
  • Residential and commercial lease disputes, e.g., rights and remedies with regarding non-payment of rent, breaches other than non-payment of rent, premises liability
  • Partition of real property
  • Leasehold property and lease rent litigation and arbitration broker's liability and commercial lease disputes
  • Lender liability
  • Title insurance:
    • Claims investigation
    • Policy coverage issues
    • Ownership disputes
    • Closing disputes
    • Quiet title actions to establish the insured's title
    • Defense of adverse title claims
    • Easements
    • Access, encroachment and boundary disputes
    • Fraud and forgery claims
    • Surveyors' errors
    • Defense of title insurers against claims of bad faith
    • Interpleader

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Transactions

  • Acquisition and disposition of real property and businesses including hotels, shopping centers, office buildings, raw land, industrial properties, warehouses, and residential subdivisions; negotiating and drafting purchase and sale agreements, due diligence investigation of target real estate, necessary governmental filings.
  • Leasing and tenant relations for office building, shopping center and other commercial and multi-unit residential properties:
    • Developing strategies to minimize losses due to tenant default, e.g., tenant screening options
    • Fair Housing issues, e.g., discrimination, disability
    • Preparing and negotiating leases for commercial and residential properties
  • Development and construction of residential subdivisions, condominiums or planned-unit projects, including:
    • Obtaining financing, land use and other governmental approvals
    • Drafting project declarations, disclosure documents, brokerage agreements, sales
    • Documents, and association bylaws, incorporating homeowners' associations
    • Working with State of Hawai'i Real Estate Commission on various condominium and real estate broker issues
  • Development and construction of commercial properties:
    • Review state and county entitlements and permitting issues including public access and water permitting
    • Advise concerning specific requirements related to architectural standards for new and altered buildings, and compliance with the Americans with Disabilities Act
  • Real property exchange transactions
  • Counseling of real estate brokerage companies
  • Counseling of escrow companies
  • Commercial real estate loans: Negotiating and drafting loan documents, due diligence investigation of collateral, closing loan transactions
  • Acquisition and disposition of real estate secured loans
  • "Workout" of troubled real estate secured loans and/or projects
  • Foreclosure
  • Advise on environmental and cultural resources issues

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