Real Estate

We handle real estate transactions with a focus on commercial transactions and complex or high-value residential matters.

Our attorneys counsel clients in connection with the transfer, financing, and development of a wide variety of real estate projects including development of undeveloped land, office and industrial parks, office buildings, shopping centers, single and multi-family residences, condominiums, and planned unit developments. We routinely handle complex transactions that require creativity and experience.

• Our attorneys prepare and negotiate acquisition and divestiture agreements, development and joint venture agreements, and a myriad of other agreements and instruments relating to real estate interests.
• Our attorneys have experience counseling clients on environmental, risk allocation and zoning matters that arise during a project.
• We advise lenders and borrowers regarding their rights and obligations in real estate financing arrangements.

Several of our attorneys are issuing agents for a major title insurance company. We have a unique perspective on title issues, taxation matters, and other important aspects of real estate transactions.

Our attorneys provide experienced, sound counsel to borrowers, banks and institutional lenders, insurance company lenders, investors and tax exempt-lenders such as the New Hampshire Health and Education Facilities Authority. These include structuring, negotiating and documenting financing in:

• Mortgage lending
• Construction financing
• Letter-of-credit financing
• Lease financing
• Acquisition financing
• Loan participations

We also represent creditors in all types of collections and workout matters, including foreclosures, asset seizures and bankruptcies.

The Real Estate team at Sulloway & Hollis is experienced in all types of real estate development, including commercial and industrial projects, resort and vacation developments, residential subdivisions and condominiums. We negotiate acquisition and construction agreements and handle regulatory matters and advise clients on condominium and homeowner association matters.

We offer a wide range of experience to assist our clients in real estate development transactions such as:

• Real estate acquisitions and sales
• Construction and development projects
• Sale-Leasebacks
• Joint ventures
• Equity participations
• Industrial development and tax-exempt bond financing
• Syndications
• Negotiation of construction and architectural contracts
• Negotiation of public and private financing facilities
• Land use, zoning and public entitlement issues
• Leasing and property management issues
• Private land use issues including operating and restrictive covenants/easements

We provide ongoing guidance on the many legal issues that arise in the course of operating and managing commercial properties. Additionally, we help clients negotiate favorable leases, management agreements, easements, and other real estate contracts.

Our team has represented developers, individual homeowners, and community associations in all phases of the condominium formation process. In addition, our attorneys also represent many condominium and homeowners’ associations to ensure continued compliance with all laws and regulations.

We assist homeowner associations, community/condo associations, and association members in matters including:

• Homeowner’s association and condominium association rules
• Establishing and operating a Board of Directors
• Association Meetings
• Use and allocation of common areas
• Issues related to enforcement of architectural guidelines rules, regulations
• Construction disputes
• Conflicts of interest
• Compliance issues

The Real Estate team at Sulloway & Hollis helps clients navigate local land use regulations to secure the necessary permits, approvals and adjustments. The development of real estate can be a complicated process and is often has layers of regulations at the municipal, county, state, and federal levels.

Development and land use projects may require numerous governmental approvals, including local zoning and planning boards, legislative bodies, state or federal permits. When the projects are controversial or generate opposition, you want to have an experienced attorney in your corner.

Our team has the skills and experience to advise on development projects from initial planning and site selection through design, approvals, and construction. We understand the nuances of development in the communities we serve. We recognize that each project is unique and bring a fresh approach to each client we engage with. We work collaboratively with each client and their design professionals, engineers, architects, and other real estate professionals to help keep projects moving forward, on schedule, and on budget.

We represent developers, property owners, tenants, businesses, institutions, non-profits, municipalities and others in a wide variety of land use and zoning issues. We draw on our experience and professional relationships to build local support and help clients navigate unique local regulatory barriers, and protect the project from the threat of litigation. When litigation occurs, we are prepared to defend an approval or challenge a denial. 

We’ve assisted clients in obtaining:

• Use or Area Variances
• Rezonings, Zoning Code or Map amendments
• Incentive Zonings
• Planned Development Districts
• Special use permits
• Site plan approvals
• Obtaining Building Permits, Certificates of Occupancy, and resolution of related issues
• Subdivision approvals, including conventional and cluster subdivisions
• Historic preservation-related decisions
• State and Federal Permits

Our attorneys are experienced in all areas of environmental law that impact real estate growth and development, including wetland protections, waste disposal, septic construction, air and water quality issues, wind energy, conservation easements and claims under the Shoreland Protection Act. In addition to providing guidance on discrete environmental issues, we also represent clients in regulatory compliance and permitting matters.

Property tax appeals and abatements – Our state taxation practice represents residential and commercial property owners on taxation matters across New Hampshire.