Practice Area

Business & Real Estate

Kirk & Simas’ heritage in the business community is one of success and innovation across a broad range of disciplines, industries, and clientele. Every day, market leading enterprises and regional institutions turn to Kirk & Simas’ business and real estate team for legal insight, business instinct, and better solutions.

Entity Selection, Capitalization & Formation

Selecting the proper business entity involves detailed analysis of multiple tax, liability, management, and continuity goals. Kirk & Simas has over six decades of experience forming corporations, limited liability companies, partnerships, sole proprietorships, family succession vehicles, joint ventures, and nonprofit entities for thousands of investors, operators, managers, and the families they come from across the broad range of the Central Coast’s key industries.

Many of the region’s leading large and small scale farmers, wineries, manufacturers, retailers, service providers, and core professionals, including contractors, realtors, engineers, accountants, and physicians, found their start and have prospered with Kirk & Simas at their side.

Purchases, Sales, Mergers, Acquisitions, Restructuring & Buyouts

Negotiating, documenting, and consummating routine and complex equity and asset purchases and sales, as well as multi-party mergers, acquisitions, divestitures, intra-company buyouts, and dissolutions for private companies is a foundational component of Kirk & Simas’ core business practice.

For decades Kirk & Simas has represented buyers, sellers, and financiers in local, regional, and national investments and dispositions across a wide range of industries, handling the complex due diligence, finance, securities, real estate, benefits, risk management, and litigation components of each transaction.

Contract Review, Negotiation, Drafting & Litigation

Kirk & Simas’ team of transaction attorneys have substantial experience drafting, reviewing, negotiating and, when necessary, litigating the contracts and other complex commercial transaction documents that are the lifeblood of the Firm’s business clientele.

Firm attorneys routinely handle the full range of common and industry-specific transactions and documents – from simple non-disclosure agreements to complex employment contracts to multi-million dollar exclusive international distribution contracts.

Financing & Secured Transactions

Kirk & Simas is well equipped to address the complex financing needs of its business and institutional clients, as well as industry-specific financing demands and the issues associated with specialized collateral such as securities, real estate and agricultural products.

With long standing relationships in the banking, insurance, private equity, and financial intermediary sectors, as well as direct experience in and for lending institutions, Kirk & Simas’ attorneys provide comprehensive counsel to client borrowers, creditors, and institutional lenders in the full range of routine and sophisticated secured and unsecured financing and restructuring transactions.

Contact: Business@KirkSimas.com

Real Estate Law

Attorneys in Kirk & Simas 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 landowners, developers, contractors, private equity firms, other 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.

Acquisitions, Sales & Exchanges

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

Leasing

Kirk & Simas has a varied and sophisticated leasing practice. The Firm regularly represents both commercial and agricultural landlords and tenants in all manner of gross and net leasing transactions, including: general commercial, retail, industrial, and office leases and subleases, build-to-suit and ground leases, and vineyard and other agricultural leases.

Land Use & Development

Kirk & Simas has a long history counseling developers, institutional lenders and public agencies on land use and development matters. The Firm’s unique experience on both sides of both the land use planning and lending processes provides its attorneys with unique insight into municipal and financial institution practices to guide its public and private sector clients through the land use permitting, development, and financing processes involved in most large and small scale private and public developments.

Kirk & Simas attorneys have broad experience before and the confidence and respect of both local and state government agencies in preparing, processing and advocating local, state and federal permitting, variances and regulatory compliance documentation.

Construction & Design

Representing general contractors, owners, subcontractors and major material suppliers, insurers and sureties, design professionals and lenders, Kirk & Simas 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.

Financing

Kirk & Simas attorneys are experienced in helping clients to understand and assess the available financial products and to decide which financing methods best suit their particular business needs.

As with the general business sector, the Firms’ well-established relationships in the banking, insurance, private equity, and financial intermediary sectors and long experience make the Firm’s attorneys uniquely suited to provide comprehensive counsel to client borrowers, creditors, and institutional lenders in both routine and sophisticated secured and unsecured financing and restructuring transactions related to real estate.

Condominiums & Cooperatives

Kirk & Simas represents numerous owner associations, association management companies, and both residential and commercial condominium developers.

Firm attorneys structure condominium transactions, form associations, draft CCR’s, and advise clients on the day to day complex governance components of both general condominium law and the Davis-Stirling Act.

Contact: RealEstate@KirkSimas.com