- What We Do
- Real Estate
Solving your legal problems involving real estate requires a lawyer who understands the law, the real estate market and your business needs.
Our real estate clients include developers, landlords, tenants, homeowners, banks and other lenders. Over the years, we have represented these clients on a broad range of real estate matters involving commercial, industrial and multifamily residential projects. This experience enables us to deliver practical, cost-effective services to clients like you.
These services include advice about the following:
- Real estate and construction litigation
- Purchase and sale transactions
Keeping You Current on the Law and the Industry
We regularly update clients about changes in real estate law and on industry trends. This includes briefing clients on legislative proposals in the federal tax, housing and other legal areas affecting their businesses. Staying current enables you to anticipate and prevent legal problems as well as capitalize on new developments.
Most law firms tout their "responsiveness." But clients constantly tell us that the lawyers at Garvey Schubert Barer are exceptional when it comes to reacting immediately to client communications and needs.
Representation of landlords of shopping centers in negotiating leases with retail tenants, including Walgreen, Fred Meyer, Office Depot, Home Depot, Michael’s, Big 5, Dollar Tree, Men’s Wearhouse, Sleep Train, Sleep Country, Radio Shack, Act III/Regal Theatre, Gene Juarez Salon, PCC Natural Markets, Grocery Outlet, Red Apple, Maurices, Payless ShoeSource, O’Reilly Auto Parts, Jiffy Lube, FedEx Office, and U.S. Bank.
Representation of landlords of shopping centers negotiating leases with restaurants, fast food outlets, and coffee shops, including Applebee’s, Mitzel’s American Kitchen, Hooters, Houlihan’s, Rock Bottom Brewery, Quiznos, Burger King, Subway, McDonald’s, Wendy’s, Starbucks, Tully’s, Ben & Jerry’s, and Cold Stone Creamery.
Representation of the purchaser in connection with the purchase of improved and unimproved property, including the Emerald Downs racetrack, the Salish Lodge and Spa, and the purchase of 96,307 acres of timberland in King, Pierce and Lewis Counties in Washington for $313 million.
Representation of owners in their negotiation with architects and contractors for the development of shopping centers, hotels, resorts, and casinos.
Representation of lenders in connection with more than $150 million construction and land loans secured by real property in the Pacific Northwest, including $25 million financing for the renovation of Seattle’s Nordstrom flagship building, participation in the Seattle Millennium Tower construction loan, and Portland’s Brewery Blocks project construction loan.
Representation of developers in connection with development of condominium projects, including the development of the Meridian, a 26-story, 160-unit condominium tower in downtown Seattle; represented developer as the borrower of a $73.5 million construction loan for Summit Office Building in Bellevue; represented developer in the development and leasing of the Bellevue Galleria shopping center, including negotiation of $42 million construction loan with Wells Fargo and negotiation of equity financing with ING Baring.
Successful defense of a seller accused of fraud in $41 million sale of Lynnwood data center to ByteGrid, a national operator of data centers.
Drafted commercial leases for hotel owner in its capacity as landlord to restaurateur tenants that provide room service to hotel guests; located in historic Pike Place Market.
Represented seller of real property with three tenants, including a cannabis grower, in a seller-financed transaction structured with an 18-month interim lease option converting into a secured term loan.
Counseled home buyers on residential purchases; advised international client on purchase of real property in Eastern Washington for future development of data center; represented private equity lenders in acquisitions of multifamily apartment projects.
Advised clients on construction financing for mixed-use, retail, healthcare, hospitality, higher education, multifamily, affordable housing and residential subdivision development projects.
Represented lead lender in $116 million syndicated loan secured by more than 50 vessels and multiple parcels of real property, focusing primarily on documenting secured collateral.
Negotiated easement encroachments with utilities and neighboring property owners for commercial and residential clients; drafted easements for ingress, egress, parking, maintenance, and well connections; resolved encroachment issues in connection with converting fee property into Indian trust land.
Performed complex due diligence review for title issues in $400 million acquisition of a hospital system comprised of several owned and leased properties; advised clients on owner and lender title policy coverage, title exceptions and title insurance endorsements.
Represented a Portland-based coffee company in its acquisition of new a roasting facility location in Southeast Portland, and long term leases for several new retail locations throughout the Portland area and in Southern California.
Represented a property owner in the sale of a large-scale facility near Seattle, after the tenant had stopped paying rent and was in receivership. Successfully navigated the receivership issues and facilitated a fast-track sale to the party who purchased dealership assets out of receivership, enabling client to avoid potential long-term vacancy.
Represented the largest professional ballet company in Oregon in the long-term lease of its new headquarters, comprising office space, rehearsal studios, and a dance school, in Portland’s South Waterfront neighborhood.
Represented a general contractor with respect to construction agreements for several phases of a large project in Portland, enabling the client to undertake construction of a mixed-use complex having approximately 200 residential units, 15,000 square feet of retail space, and 50,000 square feet of underground parking.
Represented an out-of-state buyer in the simultaneous acquisition of a Chevrolet dealership and the neighboring Chrysler Jeep Dodge RAM Fiat dealership, along with the underlying dealership facilities, in the Portland metropolitan area.
Represented a Washington auto dealer in obtaining a new construction loan to refinance its prior loan (which was in default), orchestrating dozens of lien payoffs, and helping the client to avoid a catastrophic foreclosure event, to finish building its facility, and to open for business.
Represented a high net worth individual in the purchase of an expansive parcel near Condon, Oregon, helping to address issues unique to rural land.
Represented purchaser of asphalt refinery assets and real property located in Portland, Oregon, including acquisition of submerged land lease, railroad easement rights, and extensive pipeline easements and City of Portland franchise rights. Transaction included formation of new purchaser entity and review and negotiation of loan documents to finance the acquisition.
Represented nationally-based commercial lender in $25-million equipment and real estate secured financing as part of a $45-million asset acquisition of heavy equipment dealer in Lane County, Oregon, including negotiating and preparing secured loan documentation for real and personal property located in multiple Oregon counties.
Represented Japanese microchip manufacturer in $3.8-million acquisition of industrial park site in Hillsboro, Oregon, and subsequent construction and development of $8.1-million semiconductor manufacturing facility, including synthetic lease financing.
Represented residential developers in land acquisitions and subsequent developments for subdivision, PUD, town and condominium projects in Portland, Oregon, metropolitan area. This included negotiating and documenting options to purchase for regional homebuilder on over 150 acres of land in Washington County, Oregon, for residential subdivision development. Also represented several family farm clients in multi-million dollar sales of land to developers and subsequent tax-deferred exchanges into investment real estate.
Represented owner of assisted-living facilities in connection with obtaining $40-million line of credit secured by 16 assisted-living properties located throughout the United States, including subsequent amendments with additional 18 assisted-living facilities as collateral.
Represented purchasers and sellers in multimillion dollar acquisitions and sales of regional, retail shopping centers, including negotiating financing and reviewing leases, title, environmental and other due diligence matters. These transactions include acquisitions to complete Section 1031 tax-deferred exchanges. Ongoing representation for owners include leasing and loan covenant compliance matters.
- Representation of The Pictsweet Company as co-counsel garnering the successful reduction of property tax
The Pictsweet Company v. Crockett County, October 2009; Chancery Court for the State of Tennessee, Twenty-Sixth Judicial District, Madison County at Jackson. Representation of The Pictsweet Company as co-counsel garnering the successful reduction of property tax for the five years under appeal of the Food Processing Facility.
- Representation of The Pictsweet Company as co-counsel in the successful appeal before the Assessment Appeal Board in the reduction of property tax of the Food Processing Facility.
The Pictsweet Company v. Assessor of Santa Barbara, Application No 05.0124, June 2009; Representation of The Pictsweet Company as co-counsel in the successful appeal before the Assessment Appeal Board in the reduction of property tax of the Food Processing Facility.
Electro Scientific Industries v. Department of Revenue and Washington County Assessor, 2006 WL 3053314 (October 27, 2006). Representation of ESI as co-counsel in the successful appeal before the Magistrate Division. Magistrate agreed with the taxpayer’s valuation of the property resulting in a reduction in property tax for the high tech manufacturing facility.
- Successfully challenged the Oregon Department of Transportation's failure to comply with the Condemnation Procedures Act
State ex rel. Dept. of Transp. v. Singh, 257 Or. App. 322, 306 P.3d 745 (June 26, 2013) Linn County Circuit Court Case No. 110469; Oregon Court of Appeals Case No. A149566
Successfully challenged the Oregon Department of Transportation's failure to comply with the Condemnation Procedures Act. The Oregon Court of Appeals affirmed the trial court’s dismissal of the condemnation complaint.
- Obtained summary judgment in New York State Court for a full real estate brokerage commission owed to a commercial real estate broker
Obtained summary judgment in New York State Court for a full real estate brokerage commission owed to a commercial real estate broker after the landlord entered into a lease with a tenant introduced by the real estate broker client to the landlord during the term of the broker/client's exclusive representation, but after the exclusive term expired, successfully arguing that the extension clause in the exclusive brokerage agreement entitled the broker to its full commission.
- Obtained a jury verdict in New York State Court after a three day trial awarding a full real estate brokerage commission to a commercial real estate broker
Obtained a jury verdict in New York State Court after a three day trial awarding a full real estate brokerage commission to a commercial real estate broker notwithstanding the argument that, among other things, the tenant procured by the broker never paid rent and was shut down soon after possession was tendered for health code violations.
- Successfully represented two limited partners claiming breach of fiduciary duty against their general partner
Successfully represented two limited partners claiming breach of fiduciary duty against their general partner, a national real estate developer, resulting in a favorable settlement for the clients.
- Defeated a motion for a preliminary injunction brought by a laundry service provider attempting to enforce an automatic renewal clause
Defeated a motion for a preliminary injunction brought by a laundry service provider attempting to enforce an automatic renewal clause in an agreement between the laundry service provider and the owner of a residential multi-family building successfully arguing that the automatic renewal clause could not be invoked because the agreement was a license rather than a lease and the failure to provide a timely notice of the automatic renewal in accordance with General Obligation Law 5-903 negated the renewal.
- Regularly counsel and troubleshoot for commercial real estate brokers and salesmen involved in the rental and sale of commercial real estate
Regularly counsel and troubleshoot for commercial real estate brokers and salesmen involved in the rental and sale of commercial real estate including, but not limited, the negotiation of exclusive agreements, landlord/owner brokerage agreements and landlord/leasing agent/outside broker co-brokerage agreements
Assisted regional leasing equipment dealer with ground lease and industrial building development in Washington County, Oregon, including option to purchase.
Represented purchaser of downtown Portland, Oregon office building, including due diligence review of all leases, estoppel certificate coordination, title and survey review and closing matters. Ongoing representation negotiating new leases.
Represented buyers and sellers in hotel purchases and sales, including financing matters.
Represented purchaser of electric generator facility, including negotiation of Purchase and Sale Agreement, title review and closing matters.
News & Events
- 30 GSB Attorneys Named to the 2018 The Best Lawyers in America® List; Three Lawyers Named ‘Lawyer of the Year’GSB Newsroom, 8.15.17
- GSB Newsroom, 7.11.17
- Law360 (subscription required), 4.28.17
- GSB Newsroom, 3.22.17
- GSB Newsroom, 1.3.17
- GSB Press Release, 9.6.16
- GSB Press Release, 8.5.13
- Garvey Schubert Barer Continues Growth, Adds Litigators Gary Grenley and Paul Trinchero to Portland OfficeGSB Press Release, 9.6.11
- Garvey Schubert Barer Welcomes New Owners; Expands Business, Real Estate and Land Use Practice AreasGSB Press Release, 5.1.09
- The Estate of George H. Bartell et. al. v. Commissioner – IRS Issues an Action on Decision – Was It Too Good to Be True? The IRS Thinks So!Larry's Tax Law, 8.29.17
- Form Over Substance Sometimes Prevails in Tax Law – Estate of George H. Bartell et. al. v. CommissionerLarry's Tax Law, 3.8.17
- Northwest Real Estate Forum , 10.7.16
- Northwest Real Estate Forum , 8.5.16
- Northwest Real Estate Forum , 7.8.16
- Northwest Real Estate Forum , 5.27.16
- Northwest Real Estate Forum , 5.20.16
- Northwest Real Estate Forum , 4.8.16
- Northwest Real Estate Forum , 2.26.16
- Northwest Real Estate Forum , 1.15.16
- Northwest Real Estate Forum , 12.23.15
- Northwest Real Estate Forum , 11.20.15
- Northwest Real Estate Forum , 9.21.15
- Northwest Real Estate Forum , 8.7.15
- Northwest Real Estate Forum , 7.1.15
- Not So Recent Court of Appeals Case Grants Improvement Districts Statutory Right to Enter onto the Lands of Its MembersNorthwest Real Estate Forum , 5.15.15
- Northwest Real Estate Forum , 4.7.15
- Is What is Good for the Goose Only for the Goose? Partial Taking: A novel attempt to exclude “Cost-to-Cure” evidence at trialNorthwest Real Estate Forum , 3.13.15
- Northwest Real Estate Forum , 3.6.15
- Northwest Real Estate Forum , 1.30.15
- Northwest Real Estate Forum , 11.20.14
- Northwest Real Estate Forum , 10.24.14
- Northwest Real Estate Forum , 9.10.14
- Northwest Real Estate Forum , 4.8.14
- Northwest Real Estate Forum , 3.14.14
- The Grinch Foiled Again! - How Commercial Real Estate Loan Guarantors Got An Early Christmas Present From The Washington Court Of AppealsNorthwest Real Estate Forum , 12.26.13
- Northwest Real Estate Forum , 10.21.13
- Northwest Real Estate Forum , 10.11.13
- Northwest Real Estate Forum , 8.23.13
- Northwest Real Estate Forum , 6.14.13
- Northwest Real Estate Forum , 6.7.13
- Northwest Real Estate Forum , 1.16.13
- Northwest Real Estate Forum , 12.14.12
- Notes from 2012 ICSC Shopping Center Law Conference: Hurricane Sandy and Damage and Destruction Clauses in Retail LeasesNorthwest Real Estate Forum , 11.13.12
- Yet Another "Inherent Power of the Court" or How to Clean Up the Mess Left by the Guy Who Lost His RanchNorthwest Real Estate Forum , 10.27.12
- Northwest Real Estate Forum , 7.24.12
- Northwest Real Estate Forum , 6.26.12
- Northwest Real Estate Forum , 5.11.12
- Northwest Real Estate Forum , 3.14.12
- Northwest Real Estate Forum , 2.10.12
- Northwest Real Estate Forum , 1.5.12
- Northwest Real Estate Forum , 12.8.11
- Northwest Real Estate Forum , 11.10.11
- Northwest Real Estate Forum , 11.7.11
- Northwest Real Estate Forum , 7.13.11
- Northwest Real Estate Forum , 6.16.11
- Northwest Real Estate Forum , 2.22.11
- Northwest Real Estate Forum , 12.29.10
- Panel DiscussionPortland, OR, 10.11.17
- "Oregon's Blue Sky Securities Law—Better Safe than Sorry," Oregon State Bar 2017 RELU Summer ConferenceSpeaking EngagementBend, OR, 8.18.17
- "Condemnation Law: Updates, Tips and Traps," Oregon County Counsel Association 2017 Summer ConferenceSpeaking EngagementBend, OR, 8.3.17
- "Developments in the World of IRC § 1031 Exchanges," 2017 Oregon Society of Certified Public Accountants Annual Real Estate ConferenceSpeaking EngagementPortland, OR, 6.14.17
- Panel DiscussionSeattle, WA, 6.8.17
- Speaking EngagementPortland, OR, 6.1.17
- Investment Seminars in ChinaBeijing / Fuzhou / Shenzhen, China, 5.22.17 | 5.24.17 | 5.26.17
- Cannabis Business SeminarPortland, OR, 5.18.17
- "What You May Not Know About the Application of the Attorney-Client Privilege, Work Product Doctrine and Joint Defense Doctrine in Oregon," Oregon State Bar 2017 RELU Spring ForumSpeaking EngagementTigard, OR, 4.28.17
- "Private Land Use Regulation Through CC&Rs: The Tension Between Private Interest and Public Policy," Oregon State Bar 2017 RELU Spring ForumSpeaking EngagementTigard, OR, 4.28.17
- SeminarGarvey Schubert Barer, Portland, OR, 2.8.12
- Speaking EngagementPortland Building Auditorium, Portland, OR, 12.11.09
- Real Property Practice Chapter (Real Estate Financing and Security Devices)Washington Lawyers Practice Manual, 16
- Garvey Schubert Barer, 5.15.14
- Of Counsel
- Staff Attorney
- Office Managing Director and Owner