We’re full-spectrum real estate attorneys.
Representative Experience
Real Estate Legal Services
- Development
- KJK Homebuilder’s Program
- Condominium Development
- Construction & Architectural Agreements
- Environmental Law & Litigation
- Eminent Domain & Public Takings
- Mixed Use Developments
- Residential Real Estate Development
- Homeowners & Condominium Association Formation
- TIF
- Leasing
- Purchase & Sale
- Construction Financing
- Curing Title Defects
- Economic Incentives
- Mortgage Financing
- Sale & Leaseback
- Zoning, Variance & Land Use
- Real Estate Tax Guidance
Full Service - Acquisition, construction & financing
- Acquisition, construction and financing of shopping centers in Ohio, Illinois and Virginia
- Acquisition, construction and financing of apartment and mixed-use developments in Florida, Ohio, Arizona and Virginia
- Acquisition, construction and financing of condominium developments in Ohio, Georgia and Arizona
- Acquisition and financing for over 150 single tenant retail and commercial sites in 17 states
- Representation of a developer in the re-development of multi-vacant properties in major metropolitan business districts, which involved bonds, state-funded loans for vacant property initiative, historic tax credits (state and federal), TIF, recovery zone bonds and new market tax credits
- Representation of real estate investor in the simultaneous acquisition of more than 8 properties located in 2 states, including negotiation of CMBS mortgage financing, coordination with local and DE counsels and preparation of special Ohio and non-consolidation opinion letters
Financing
- Counsel to borrower in a multi-million dollarsecuritized mortgage-backed refinancing transaction of a multi-tenant major retail shopping center
- Representation of medical professionals in a note participation financing transaction providing unsecured capital to facilitate the refinancing of a medical building
- Representation of buyer in connection with multi-million dollar securitized mortgaged-backedtransaction
- Counsel to senior lender in stand-by bond purchase agreement and related unsecured revolving credit facility to finance private higher education facility
- Representation of real property owners and lenders in connection with loan workouts, forbearance agreements, note purchase transactions, short sales and deeds in lieu of foreclosure with respect to various types of real estate transactions
- Representation of major local developer with the reorganization of its capital structure, including approximately 50 properties valued in excess of $220 million, in connection with the resolution of various partnership disputes
- Representation of hotel developer in refinancing 3 hotels with aggregate loan values in excess of $50 million
- Representation of non-profit client seeking historic tax credit approval for building renovations valued at $2 million
- Representation of a local developer in site acquisition, leasing, construction and financing of multiple store locations for a major national drugstore chain
Construction & Development
- Representation of a large local hospital on the construction of a new Emergency Room and Patient Tower
- Representation of Fortune 200 insurance company on the acquisition and development of hundreds of sites in multiple states
- Handled all aspects of the development of the Rock and Roll Hall of Fame and Museum, including State, County and Federal legislation, County and Port Authority Bond financing, ground leasing and submerged land leasing, Corps of Engineers and FAA permitting, and architects and construction contracts
Sale of Real Estate
- Representation of a multi-location Cleveland automobile dealer in the sale of dealership real estate to a national real estate investment trust
- Selling and leasing of an 800,000 square-foot warehouse complex
- Developing, acquiring, selling and financing several major hotel properties located throughout the eastern United States
- Representation of City of Cleveland in the sale of the Cleveland Convention Center to Cuyahoga County, including the negotiation of related agreements to address reciprocal easements, joint operation of the Convention Center and Public Auditorium, pedestrian access to the Cleveland Browns Stadium and the turnover of the Malls back to City control.
Acquisitions
- Acquisition of hundreds of sites for one of the largest home builders in the U.S.
- Representation of multiple borrowers in connection with securitized mortgaged-backed transaction with respect to issuance of non-consolidation of legal opinions and related structuring of special purpose entities (SPEs) in order to comply with rating agency requirements
- Representation of developer in the acquisition of an 11 shoppingcenter portfolio valued at $200 million, in connection with the settlement of litigation
- Representation of fast foodfranchise operator in leasing and purchase of 30 properties throughout Ohio and Florida
- Representation of the developer of a 650,000 square-foot office complex in downtown Cleveland, including negotiating joint venture agreements, construction and permanent financing and negotiating and drafting leases with sophisticated national tenants
Purchase & Sale
KJK has represented both buyers and sellers in connection with the purchase and sale of many different types of projects and properties across the country:
Purchase & Sale Projects
- Apartment Complexes
- Developable Land
- Hotels
- Industrial Facilities
- Medical Facilities
- Mixed Use Developments
- Multi-State Transactions
- Office Buildings
- Portfolios of Properties
- Shopping Centers
- Warehouses
Leasing
KJK has extensive experience negotiating real estate leases and subleases for a wide range of properties on behalf of both landlords and tenants. Our leasing experience includes:
Leasing Projects
- Assignment & Subletting Rights
- Environmental Risk Allocation
- Landlord & Tenant Disputes
- Landlord Remedies
- Lease Terminations
- Modifications Related to Tenant Financing
- Property Management Issues
- Rent Restructuring & Co-Tenancy Discussions
- Responses to SNDA & Estoppel Requests
- Tenant Improvement Allowances
- Waivers of Subrogation
KJK Real Estate Practice Group
By the Numbers
years of experience
real estate transactions negotiated annually
sq. ft. of leases negotiated
Real Estate Law
Frequently Asked Questions
Does a contract for the purchase/sale of real estate need to be in writing to be enforceable?
Specifically, Ohio’s Statute of Frauds (ORC Sec. 1335.05) provides that “no action shall be brought upon a contract or sale of lands or interest in or concerning them, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith”.
Do I need to worry about “Boilerplate” language in a contract?
Does Ohio’s Residential Property Disclosure Form alleviate the need for inspections and due diligence?
Is there more than one way to hold title to real estate?
- Individually – You could hold title in your individual name
- Tenants-in-Common – This form of taking title exists when two or more persons wish to buy property and own it together. If any of the tenants in common die, their interest passes to their heirs, not to the remaining tenants
- Joint Tenants with Right of Survivorship – This form of taking title is similar to the Tenants-in-Common ownership, where two or more persons may acquire title to real estate in varying “undivided percentages of interest”. Upon the death of one of the Joint Tenants, however, that particular interest automatically passes to the surviving Joint Tenant(s), without the need to go through probate. Often, husbands and wives will take title to real property as “Joint Tenants with the Right of Survivorship”
- Via a legal entity – Individual(s) can also form an entity (e.g., corporation, limited liability company [LLC]); or create a trust, for example, and have the Trustee hold property for the Trust. For commercial property, we most often advise that title be held in a new LLC or other entity
Does a deed need to be recorded to legally transfer title?
A deed need not be recorded (in the office of the county recorder in the county in which the property is located) to be valid as between grantor (“Seller”) and grantee (“Buyer”). However, the filing and recording of same is good evidence that the deed was delivered to the Buyer; one of the requirements for a deed to legally transfer title.
- Individually – You could hold title in your individual name
- Tenants-in-Common – This form of taking title exists when two or more persons wish to buy property and own it together. If any of the tenants in common die, their interest passes to their heirs, not to the remaining tenants
- Joint Tenants with Right of Survivorship – This form of taking title is similar to the Tenants-in-Common ownership, where two or more persons may acquire title to real estate in varying “undivided percentages of interest”. Upon the death of one of the Joint Tenants, however, that particular interest automatically passes to the surviving Joint Tenant(s), without the need to go through probate. Often, husbands and wives will take title to real property as “Joint Tenants with the Right of Survivorship”
- Via a legal entity– Individual(s) can also form an entity (e.g., corporation, limited liability company [LLC]); or create a trust, for example, and have the Trustee hold property for the Trust. For commercial property, we most often advise that title be held in a new LLC or other entity
Why record a deed?
What is the difference between a general warranty deed and a limited warranty deed?
Why do I need title insurance?
If I need an easement, should I care whether it is exclusive or non-exclusive?
In my construction contract, should I specify arbitration or litigation for dispute resolution?
I am constructing a new building. Should I require the contractor to provide a Lump Sum Contract or a Guaranteed Maximum Price Contract (GMAX)?
What does legal non-conforming use mean?
Do I need a homeowners’ association?
Real Estate & Environmental
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It is time to thank our high school English teachers. They were right when they said, “watch your language,” and that grammar counts in the “real world.” In the real world of real estate leases, easements and other commercial agreements, this principle is well...
Real Estate Law
Attorneys
Practice Group Chair: Matthew T. Viola
Contact
CLEVELAND OFFICE
1375 East Ninth Street
One Cleveland Center, 29th Floor
Cleveland, OH 44114-1793
COLUMBUS OFFICE
10 West Broad Street
One Columbus Center, Suite 2500
Columbus, OH 43215