Real Estate

The Real Estate Group is actively engaged and well-versed in all aspects of commercial real estate in British Columbia. Together, its lawyers have a long history of providing a full range of real estate services to a diverse group of clients.

Chambers Canada

Our Real Estate Group has been recognized as an industry leader in the area of Real Estate – British Columbia in the 2019 – 2024 editions of Chambers Canada.

Chambers Canada recommends leading lawyers and provincial, national and international law firms. Rankings are based on extensive due diligence conducted by a dedicated research team, and offers unparalleled insight to help those seeking legal counsel make an informed decision.

The Real Estate Group can assist with a broad range of commercial real estate transactions and issues related to:

Acquisition and sale of real property

RBS advises on all matters pertaining to the acquisition of real property. The Real Estate Group assists clients from the initial diligence phase, and contract drafting through to the transaction closing, including the following aspects of commercial property conveyancing:

• Purchase and sale agreements;
• Title review;
• Assessment of regulatory, lien and environmental diligence;
• Advising on zoning, community plan and other municipal concerns;
• Land assembly options to purchase and rent-back agreements; and
• Bulk sale of completed development units.

Real estate development

RBS assists developers, landowners, investors and lending institutions with real estate development projects across British Columbia. The Real Estate Development Group regularly advises clients on a broad range of development projects – from single-unit redevelopments to complex mixed-use towers. Our members are proud of the role they play in creating and shaping sustainable communities with livable neighbourhoods and flourishing business centres. They are well-versed in the following areas:

• Corporate structuring, including joint ventures, limited partnerships and other structures;
• Financing;
• Disclosure statements and other regulatory matters;
• Residential, office, industrial and mixed-use developments;
• Strata/condominium and air space parcel developments;
• Leasehold development projects; and
• Social housing and cooperative developments.
  

Leasing

The Commercial Leasing Group provides services to property managers, landlords, and tenants. Our clients range from sophisticated landlords and tenants with multiple locations (provincially and nationally) to single-property landlords and local tenants. The firm also acts for parties moving to British Columbia to establish a presence, owner-operated businesses in their first foray into the leasing world, and franchisors in assisting franchisees in lease negotiations. Clients regularly seek the firm’s advice on the following:

• Shopping centres;
• Industrial warehousing;
• Office buildings;
• Commercial strata properties; and
• Bare land (particularly for leasehold strata development purposes), and retail mixed use properties.

Leasing services are also typically provided to firm clients in conjunction with other business services and transactions, such as retail development, lending transactions or business acquisitions.

During the lease term, the firm continues to provide advice to landlord and tenant clients, with respect to subletting, assignment of lease, the exercise of a right of renewal or extension, lease interpretation and methods for agreeing on rent on a renewal or extension. The Commercial Leasing Group also assists in negotiating disputes, arbitrations, lease defaults, lease terminations and evictions, human rights complaints, suits for rent arrears, actions for possession of premises, lease arbitrations, and actions for relief from forfeiture.

Commercial Lending

The Lending and Secured Transactions Group is well acquainted with every aspect, advantage, and challenge associated with real estate lending transactions in the province. Our stable of sophisticated and well-established clients includes banks, life insurance companies with real estate investments, credit unions, mortgage investment corporations, and other lenders and borrowers in secured financing transactions. In addition to servicing long-standing clients and exclusive retainers within British Columbia, the firm also receives referrals from other law firms that require experienced, outside counsel to act for clients on specific lending transactions including construction, term, mezzanine, vendor-take-back, leasehold and First Nations mortgages. The firm regularly assists clients in the following areas:

• Advising on or drafting term sheets and commitment letters;
• Acquiring and assessing all diligence searches;
• Advising on First Nations land;
• Preparing mortgage and collateral security;
• Attending to collateral agreements with local government, tenants, landlords;
• Drafting inter-creditor agreements; and
• Obtaining recommended indemnities.