Real Estate Law

Attorneys in Kirk & Simas’s large and active real estate practice regularly plan, structure and negotiate some of the largest and most complex real property transactions in the region. Firm attorneys work on a daily basis with land owners, developers, contractors, private equity firms, investors, realtors, public agencies and lenders on multi-faceted real estate acquisitions, sales and exchanges — from raw land and agricultural properties, to high end residential, multi-family and condominium developments, to diverse commercial and industrial projects including wineries, warehouses, cooperatives, commodity coolers, multi-tenant shopping centers, and medical centers.

Aquisitions, Sales and Exchanges

Firm attorneys handle every component of each transaction for clients from structuring the purchase agreements, escrow, conveyance documents, and financing agreements, to performing and resolving due diligence matters, to forming and managing the acquisition entities and structuring tax deferred exchanges.


Kirk & Simas has a varied and sophisticated leasing practice, representing both landlords and commercial tenants in leasing transactions, including: retail leases, ground leases, build-to-suit leases, industrial and office leases, vineyard and agricultural leases, industrial leases and sublease arrangements.

Land Use and Development

Kirk & Simas has a long history counseling developers, institutional lenders and public agencies. The Firm’s experience provides Kirk & Simas’s attorneys with unique insight into municipal and financial institution practices to guide the Firm’s public and private sector clients through the land use permitting, development, re-zoning, and financing processes involved in most large and small scale private and public developments. Kirk & Simas attorneys have broad experience before local and state government agencies preparing, processing and advocating local, state and federal permitting, variances and regulatory compliance documentation.

Construction and Design

Representing general contractors, owners, subcontractors and major component suppliers, insurers and sureties, design professionals and lenders, Kirk & Simas’s experienced transaction attorneys assist clients in drafting and negotiating specialized documents related to design and construction, including prime contracts, bid documents, consulting agreements, joint venture agreements, purchase orders, subcontracts, and bonds. The Firm’s multi-discipline attorneys are additionally well versed in claims preparation, claims management and mitigation, insurance issues, union and labor relations, mediation and other types of structured alternative dispute resolution processes frequently used in construction disputes.


Kirk & Simas attorneys are experienced in helping clients to understand and assess available financial products and to decide which financing methods best suit their business needs. With well-established relationships in the banking, insurance, private equity, and financial intermediary sectors, Firm attorneys provide comprehensive counsel to client borrowers, creditors, and institutional lenders in both routine and highly sophisticated secured and unsecured financing and restructuring transactions related to real estate.

Condominiums and Cooperatives

Kirk & Simas represents numerous owner associations, association management companies, community water associations, and condominium and cooperative developers. Firm attorneys structure condominium transactions, form associations, draft CCR’s, and advise clients on the day to day complex governance components of condominium law and the Davis-Stirling Act.