Real Estate Transactions
Working with landlords, tenants, property managers and more in Hawaii since 1947
Details matter in real estate transactions. One wrong word in a lease agreement or purchase-and-sale contract can make a dramatic difference that significantly affects the bottom line. At Torkildson, Katz, Hetherington, Harris & Knorek, Attorneys at Law, we understand the importance of getting real estate transactions right, from drafting purchase and sale agreements to reviewing commercial leases and beyond. In each case we handle, we draw on our extensive experience handling multi-million-dollar real estate transactions, whether we’re dealing with industrial properties, commercial developments, resort properties, multi-tenant properties or high-end luxury homes. We pride ourselves on providing high-quality legal services for a wide range of real estate transactions based on our in-depth knowledge of local, state, federal and international law.
Steven Ho has decades of experience working with businesses engaged in a variety of real estate transactions. He is particularly well versed in the tax implications and legal issues that often arise in such complex cases and knows how to address them in an effective manner.
A Closer Look at Real Estate Transactions
Our attorneys represent businesses, developers, individuals, investors, landowners, lending institutions and property managers in connection with the full spectrum of matters involving real estate in Hawaii. We provide legal assistance related to a diverse range of real estate transactions, including the following types of legal matters:
- Acquisitions and Sales of all types of property
- Condominiums – including development, governance and management
- Commercial Leasing Transactions, including Ground Leases, Rent Renegotiation and Landlord and Tenant Negotiations and Disputes
- Construction Contracts
- Conveyance Documents
- Development Agreements
- Due Diligence Review
- Creation and Grants of Easements
- Escrow Closing and other Real Estate Escrow Service-Related Matters
- Loan Commitments, Promissory Notes, Financing Agreements and Mortgages
- Letters of Intent
- Property Management
- Tax Deferred Exchanges
- Title Issues
- Zoning Matters
What are common real estate pitfalls?
Real estate transactions involving commercial buildings, business developments and industrial properties can involve certain risks, including:
- Easement disputes, particularly in cases involving prescriptive easements, which can involve long-standing unwritten arrangements
- Lender requirements concerning the terms and conditions of a loan, which could affect obtaining financing for the purchase or sale of a property
- Title defects, including property deeds that are not recorded correctly
- Voluntary or involuntary liens, resulting in a “clouded title”
- Zoning disputes, particularly if government agencies or neighboring property owners claim a development or intended property use violates zoning ordinances and regulations, including permissible land uses for the property
How can a real estate lawyer help?
An experienced attorney can help minimize risks often associated with real estate transactions and work to effectively address legal obstacles that often arise in all facets of such transactions. Some of the ways an attorney can assist clients include:
- Investigating potential legal issues associated with a property as part of the due diligence process
- Reviewing all existing or potential legal and financial documents related to a real estate transaction
- Verifying that an intended use for a property complies with certain local, state and federal regulations
- Addressing legal challenges that may arise involving a particular real estate transaction
Understand your available options
It is critical you have someone in Hawaii who thoroughly understands the state's unique legal system and has years of experience handling real estate transactions. This is especially true if your company is based on the mainland or in another country.
Don’t underestimate the complexity of your legal matter. Consult with our knowledgeable legal team to learn more about the potential risks and opportunities available in your particular case.
We will take the time to determine your specific needs, and address and explain your options and remedies depending on your real estate transaction.