Our professionals provide legal counsel and services relating to all aspects of real estate law, including the following:

• Acquisition and Sale of Real Property
• Development and Management of Real Estate Projects
• Mortgage Financing and Enforcement
• Commercial Leases
• Environment
• Network Deployment
• Multidisciplinary Approach

Acquisition and Sale of Real Property
Taking transactions involving the acquisition and disposal of assets and immovable rightsfrom the idea stage through to completion is the heart of our expertise. Once your goalsare determined, our group provides you with tax advice and recommendations regarding the holding structure, whether it be in the form of a company, partnership, limited partnership, general partnership, trust or joint venture. our team also conducts exhaustive title examinations as well as other due diligence relating to title matters, negotiates title insurance policies, ensures compliance with municipal by-laws, conducts the other studies commonly required for acquisitions, and drafts and negotiates preliminary and final agreements relating to your transaction.

Development and Management
of Real Estate Projects
Our real estate law team does more than just efficiently look after all legal aspects of your real estate development project. it also provides you with sound advice on choosing a site and the advantages and disadvantages of your options; for example, we look at the presence of existing business competitors, the quality of the road network, the possibility of pollution being emitted nearby, the uses permitted by municipal by-laws, and the need to obtain rights of way and other servitudes (easements) required to operate a business on the site. if your development project includes more than one phase, we will ensure that your decisions about the first one do not jeopardize subsequent phases in order to maximize the economic return of operating the site while eliminating potential legal problems. Whether they are involved in a commercial, industrial, residential or mixed development, our clients keep coming back to us for our proactive approach.

Mortgage Financing and Enforcement
Our clients rely on us to advise them wisely when they negotiate loans secured by mortgages (hypothecs). Our experience includes the development and implementation of complex real estate financing, transactions involving acquisition financing, project financing, interim financing and the development of insured and uninsured construction loans and mortgage loans. We have assisted banks and other financial institutions in developing standard loan contracts, security documents and other related documentation as well as to establish practices and guidelines relating to the granting of commercial mortgage loans. We regularly assist our clients in negotiating mezzanine debt, lower-ranked debt and other creditor arrangements. In close cooperation with our litigation group, we also provide advice regarding the enforcement of mortgage security and other remedies available depending on your circumstances, and in particular in the context of bankruptcy and insolvency.

Commercial Leases
We represent land owners, building managers and tenants in connection with the drafting and negotiation of complex commercial leases as well as all aspects of landlord-tenant relationships. We negotiate sophisticated lease agreements to maximize your business goals. We also provide added value for our clients by offering services such as the preparation of model leases that form the basis for ongoing and future transactions.

Environment
Knowledge of environmental issues is essential in commercial real estate transactions. Whether such issues involve liability directly resulting from the exercise of industrial and commercial activities or the responsibilities of lenders, landlords, tenants, managers and directors, we advise you regarding compliance with all federal, provincial and municipal regulations and programs relating to the environment. We also help our clients comply with emission standards, obtain permits and certificates of authorization and negotiate agreements with individuals and government agencies with respect to the transfer or allocation of environmental risk, site decontamination and compliance with other regulatory requirements.

Network Deployment
BCF has a great deal of experience in the deployment of real estate networks through its understanding of vital operational issues which, for companies operating such networks, involve the protection of rights of ownership, superficies and rights of way necessary to provide their services. Our clients, some of which are at the forefront in the telecommunications business in Canada, call upon the expertise of our real estate law team to draft and negotiate permits, servitudes (easements), superficies and all types of agreements with land owners and third parties.

Multidisciplinary Approach
BCF uses a unique multidisciplinary approach to provide you with innovative and strategic advice for every transaction. Our real estate law team works closely with our firm’s other professionals when expertise in any of the following areas is required:

• banking and financing law
• bankruptcy, insolvency and restructuring
• civil and commercial litigation
• commercial and corporate law
• cross-border transactions
• domestic and international taxation
• environmental law
• intellectual property
• mergers and acquisitions
• realization and enforcement of security
• securities

Our many areas of practice are an indication of the broad scope of our expertise. However, the synergy created by the members of these practice groups is what truly defines our ability to efficiently manage the complex matters entrusted to us.

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