Offering you creative, practical, cost-effective solutions

Corporations, utilities, real estate developers, public authorities and individuals all rely on Foley Hoag’s depth of experience in real estate-related matters. We advise our clients on the full spectrum of activities, including:

  • Traditional real estate matters
  • Development, zoning and land use planning
  • Acquisition, disposition and leasing
  • Financing and loan restructuring
  • Our goal is to assist you in developing and implementing creative, practical and cost-effective approaches for your real estate matters.

Building a strategy

From the very beginning of your project, we will work with you to develop an effective strategy—because we know that early strategic thinking greatly increases your changes of success. Whether your project requires working with special regulatory procedures, management of disruptive community groups, high-level governmental intervention, or an “outside the box” solution, we can deliver results.

Our experienced real estate lawyers appreciate that government regulations at the local, regional, state, and federal levels are complex and cumbersome. Without a proper understanding of these processes, regulation can even become an impediment that threatens the success of your project. We understand the balance between simple regulatory compliance efforts and moving forward on your project with the speed and direction necessary to achieve your business goals.

Our lawyers have a sophisticated understanding of the various governmental processes involved in development; and we are accustomed to working on dynamic, multidisciplinary teams for the betterment of our clients. Our team members have successfully guided many projects through the regulatory web to successful completion in a cost-effective and timely manner.

In fact, our highly experienced lawyers have worked on some of the most complex development projects in Massachusetts and beyond.

Assisting lenders

As a lender, you make every effort to do business efficiently and effectively; and we work with you to maximize your efforts. We help our lender clients protect the integrity of their portfolios by improving quality control and working to develop lending procedures designed to comply with evolving regulatory requirements.

Our lawyers provide a full range of services to banks, insurance companies and other financial institutions making both construction and permanent loans. Our services include negotiating loan terms and loan documentation; review of title; due diligence, such as environmental and zoning matters; and loan closings supervision.

We can also help you work out troubled loans, including providing advice about restructuring payment terms, modification of loan documents and obtaining additional collateral. With the support of our banking industry-focused lawyers, we can help ensure that your restructured loans comply with regulatory constraints. We also have an active foreclosure practice, supported by our litigation and bankruptcy departments, to work out any foreclosure matters.

Helping developers—both large and small

If you are engaged in development, we have the experience to help your project succeed. Regardless of the size or complexity of your project, or whether it is for business or personal use, we can help you determine project feasibility. We also help structure your real estate activities to maximize your operating flexibility and your tax benefits. We help our clients identify existing sources of financing, on both the debt and equity side, and help create new sources of financing to take advantage of tax, and other benefits, that are available.

From inception to completion, we have the experience and technical skills required to draft, negotiate and document the wide variety of necessary agreements, including:

  • Options, and purchase and sale agreements 
  • Architect's agreements
  • Construction contracts
  • Loan agreements
  • Leases

Our services also include securing zoning, environmental and other permits and approvals; due diligence, such as zoning and environmental matters; preparation of zoning and environmental questionnaires and opinions; review of title matters; and structuring of development rights.

For public entities, or for clients dealing with a public entity, we draw on the experience we’ve gained over years of representing urban renewal agencies and other public entities. We’ll provide you with knowledgeable assistance in many areas, including land-use planning and development, eminent domain issues, legislative assistance, and real estate tax abatement.

Representative Experience

Foley Hoag lawyers work on a wide variety of real estate-related projects for our clients. The following matters provide an overview of the extent of our work:

  • Acting as the primary permitting and real estate counsel to the Massachusetts Bay Transportation Authority’s (MBTA) Greenbush rail line on the South Shore. Issues include eminent domain matters, title issues, Massachusetts Environmental Policy Act (MEPA) approvals, endangered species issues, and variances from wetland regulations.
  • Represented the Institute of Contemporary Art in securing its spectacular new museum building on Fan Pier in South Boston. This work involved negotiating a lease for the signature building in an area where new development is notoriously difficult and controversial.
  • Represented the Commonwealth of Massachusetts with the development and financing of the Massachusetts Information Technology Center, a four-story, 419,000-square-foot building costing approximately $100 million in Chelsea, Massachusetts.
  • Acted as special real estate counsel for U.S. Generating Company in the acquisition and subsequent disposition of fifteen power plants in the Northeast. One transaction involved an innovative sale-leaseback arrangement.
  • Providing ongoing counsel to the City of Chelsea and its Economic Development Board in the development and implementation of the Everett Avenue Urban Revitalization Project and the Everett Avenue Urban Renewal Plan.
  • Providing counsel to the Sudbury Valley Trustees, a non-profit conservation group, in their efforts to preserve the natural resources of the Assabet, Concord and Sudbury River Valleys.
  • Assisted Allaire Corporation with leasing arrangements and the details of constructing 270,000 square feet of suburban Boston office space, which will serve as its corporate headquarters
  • Representing Phillips Andover with its facilities ground lease to the Town of Andover for development of a senior center.
  • Represented Suffolk University in the acquisition of a substantial downtown office building located at 73 Tremont Street.
  • Working with the Executive Office of Transportation in the acquisition of a CSX railroad branch. The work involves negotiating to acquire certain rights to CSX tracks in the Commonwealth.
  • Acting as a representative for a power company seeking to option property in Southeastern Massachusetts for the construction of a windmill.
  • Represented the Bear Swamp Power Company in connection with a $125 million loan.
  • Ongoing representation for the British Consulate on various leasing matters.
  • Assisted a company in negotiating a lease to put windmills in the Town of Fairhaven.
  • Represented the Town of Arlington in the successful disposition of the former Symmes Hospital property for redevelopment as a mixed-use residential project, which will include a medial office building and an affordable housing component. This work included the negotiation of the land disposition agreement with a private developer.
  • Acted as the representative for the City of Springfield for parcels related to the successful disposition of a former industrial site for redevelopment as a mixed-use industrial park. The work included the negotiation of a land disposition agreement with a private developer.
  • Assisted the City of Revere on a transit-oriented development in partnership with the Massachusetts Bay Transportation Authority, the Department of Conservation and Recreation, and a private developer. The work involved acquiring land from the MBTA and DCR, putting together a master development agreement between the city and the private developer, and assisting the city with grant applications for state and federal funds.
  • Assisted the City of Chelsea with an urban renewal project for an aging industrial area. The work included amending the city’s urban renewal plan, the acquisition of land parcels, and the drafting of a land disposition agreement for the developer.