Real Estate

We are engaged in a comprehensive real estate practice representing a wide array of clients.  Our attorneys counsel buyers and sellers, landlords and tenants, and borrowers and lenders in all categories of real estate transactions, and builders and developers of all kinds, including builders of single family homes and developers of shopping centers, hotels and office buildings.

We are involved in every phase of the process from land acquisition through construction financing, lease-up and permanent financing.  Following project completion, we assist in the leasing and management of the property by drafting and negotiating leases and dealing with problem tenants. We also regularly handle refinancings and negotiate workouts on behalf of borrowers and lenders. 

We also represents contractors and subcontractors seeking payment for their work through materialmen’s liens, public works liens, bond claims, and subsequent litigation.

Among the transactions we recently have handled are:

  • Construction and financing of shopping centers in Ohio, Illinois and Virginia
  • Construction and financing of apartment and mixed-use developments in Florida, Ohio, Arizona and Virginia
  • 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
  • Counsel to borrower in a $19 million securitized mortgage-backed refinancing transaction of a multi-tenant major retail shopping center
  • 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 medical professionals in a note participation financing transaction providing unsecured capital to facilitate the refinancing of a medical building
  • Acquisition of hundreds of sites for one of the largest home builders in the U.S.
  • Representation of buyer in connection with securitized mortgaged-backed transaction with value of $5.9 million
  • 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
  • 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 developer in the acquisition of an 11 shopping center portfolio valued at $200 million, in connection with the settlement of litigation
  • Representation of hotel developer in refinancing 3 hotels with aggregate loan values in excess of $50 million
  • Representation of fast food franchise operator in leasing and purchase of 30 properties throughout Ohio and Florida
  • Representation of manufacturing client in restructuring its real estate portfolio through sale/leaseback transactions
  • Representation of non-profit client seeking historic tax credit approval for building renovations valued at $2 million
  • 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
  • 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
  • Negotiating and drafting anchor, “big box,” in-line and outparcel leases on behalf of both landlords and tenants in shopping centers throughout the United States
  • Representation of a local developer in site acquisition, leasing, construction and financing of multiple store locations for a major national drugstore chain
  • 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
  • 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. [During KJK’s representation of the City it was actively involved in making presentations regarding the transactions to Cleveland City Council, reviewing legislation and working with surveyors on new legal descriptions that would enable the transfer of convention facilities located underneath a dedicated public street and the transfer back to the City of the public parks that sit atop the convention center’s roof.]
  • 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 nonconsolidation opinion letters.
  • 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.

The Real Estate Practice Group recently launched the Ohio Real Estate Blog, where they regularly blog on Ohio real estate issues.  The blog is located at

For more information about our real estate practice, please contact Matthew Viola at 216-736.7253 or 


1375 East Ninth Street    One Cleveland Center, 20th Floor    Cleveland, Ohio 44114