Real Estate

Every type of real estate transaction is governed by competing interests and potential legal issues. For over 40 years, the Real Estate attorneys at Burch & Cracchiolo have served our clients with multidisciplinary legal solutions for property investment, development and management, as well as real estate finance.

Burch & Cracchiolo has an extensive history representing local, national and international clients in all facets of real estate transactions and related litigation. We are experienced in acquisition, development and zoning of large commercial, residential and planned development projects, as well as build out and lease up of shopping centers, commercial and industrial facilities and office buildings. Burch & Cracchiolo is also skilled in representing local and national lending institutions in the negotiation, preparation and enforcement of financial documentation for large commercial transactions. When necessary, our experienced litigation team is at the ready to aggressively advocate on behalf of our clients.

Real Estate Transactions and Finance

Land Use and Zoning

Burch & Cracchiolo serves our clients' land use visions from inception to completion. Our zoning and land use planning attorneys represent all aspects of the development arena from commercial and master-planned community developers to land investors.

We regularly assist clients with annexation petitions, general plan amendments, specific plans, zoning applications, subdivision regulations, use permits, variances, entitlement of master-planned communities, infrastructure development agreements, negotiation of impact fees and economic incentives, impact of environmental regulations on land use, water rights, liquor licenses, compensation for regulatory takings and condemnation actions. Burch & Cracchiolo attorneys also regularly assist clients with the formation of homeowners' associations and owners' associations in commercial, condominium and planned use projects, the drafting of CCRs, easements, licenses, joint use agreements, and construction contracts.

Leasing

Our real estate attorneys assist clients in a full array of legal services connected with the leasing of properties, including documentation, negotiation, enforcement and dissolution of leases for commercial, retail and related properties.

Real Estate Development

Burch & Cracchiolo represents sellers, buyers and developers in all areas of development including assemblage and acquisitions, entity formation, zoning and land use, construction, local government economic incentives and representation, infrastructure development agreements, and acquisition, development and permanent financing for projects. Our attorneys have established relationships with the planning and development offices within the cities and towns of Arizona, and work closely with State and County officials to ensure an orderly and effective plan of development for its clients.

Burch & Cracchiolo attorneys also represent clients in the negotiation, documentation, title review and other due diligence investigation relating to all aspects of the acquisition and disposition of commercial and residential properties. We have been instrumental in every phase of development, working side-by-side with our clients from acquisition and disposition of vacant land to completed shopping centers, apartment complexes, retail centers, industrial and office complexes. We work closely with our real estate clients in leasing concerns for their projects: negotiating leases, modifying leases and assignments of leases, subleases, and collection on leases and lease guarantees.

Representative clients include shopping center developers, custom and production home builders, apartment builders, master-planned community developers, homeowner's associations, golf course developers and irrigation districts within the state.

Real Estate Finance

Our attorneys have extensive experience representing lenders and borrowers in financing for the acquisition and development of many residential and commercial projects including office buildings, shopping centers, hotels, industrial buildings, residential subdivisions. Our attorneys have negotiated and documented commercial real estate loans and have worked with numerous institutions on loan modifications, assumptions, workouts and restructuring loans, receiverships and bankruptcies.

Real Estate Litigation

Burch & Cracchiolo has an active real estate litigation practice, skilled and ready to enforce and defend our clients' interests. The real estate attorneys are proficient in all areas of real estate litigation including contract actions, landlord/tenant actions, condemnation, eminent domain, construction contracts, title matters, brokerage fee disputes, financing disputes, forcible detainers, commission disputes, specific performance and enforcement actions for judgments obtained, collection procedures and attachment actions.

Real Estate Workouts

Burch & Cracchiolo's real estate attorneys, with assistance from our attorneys who specialize in creditors' rights, bankruptcy and reorganization, have worked with numerous institutions on the full spectrum of loan modifications, assumptions, workouts and restructuring of loans, receiverships and bankruptcies.

Title Insurance and Related Litigation

Our real estate litigation attorneys are among the Southwest's most experienced in representing companies engaged in the title and escrow industry in matters relating to escrow performance and title insurance defense, coverage disputes, and regulatory agency audits. We represent our clients in the full array of matters in trial, appellate, and administrative proceedings.