The Wendel Rosen real estate practice covers real estate matters from every angle, for corporate, public entity, business and individual clients. Our comprehensive view of the industry provides unique insight for landlords and tenants, retailers, developers and lenders, contractors and architects, brokers and owners.

Connected Experience

We have significant experience in all aspects of real estate transactions and litigation, and frequently speak, write and teach on the latest developments. Our cross-disciplinary practice provides a wealth of legal acumen for a broad range of property types and issues. Wendel clients benefit from our network of contacts throughout the industry.

Custom Solutions

With Wendel Rosen, you get a custom-fit combination of attorneys, experience and resources to meet your needs. Working with our other practices, such as business, land use, construction, bankruptcy, trusts and estates and environmental groups, we design tailored responses to the most complex real estate matters.

Representative Services

  • Leasing (commercial, office, industrial and retail)
  • Ground leases
  • Acquisitions and sales
  • Financing and deal structuring
  • Security instruments
  • Escrow & title matters
  • Boundary and easement matters
  • Brokerage agreements
  • Land use, permitting & entitlements
  • Rezoning & reuse
  • Litigation & disputes
  • Subdivisions
  • Covenants, conditions & restrictions (CC&Rs)
  • Homeowners association matters
  • Disabled Access Counseling
  • Eminent domain
  • Insurance coverage
  • Assist retailers in acquisitions of stores and chains from other retailers.

  • Developed and directed implementation of systems for efficiently handling a large portfolio of lease transactions for fast-growth retailers

  • Negotiate leases for high-end U.S. retail mail and street front locations for a large London, England-based apparel retailer.

  • Handle complex real estate acquisitions and lease transactions for regional industrial/office developer.

  • Represent regional banks in loan enforcement, foreclosures, workouts and disposition of REO

  • Engaged as an expert consultant and witness in a case involving a multi-million dollar transaction challenged by the IRS as a “bogus optional basis tax shelter in which the partnership had allegedly used an Internal Revenue Code Section 754 election to inappropriately increase the basis of its property”. The case was resolved in the client’s favor.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use center, which included a jazz museum, condominiums, restaurants and parking.

  • Negotiated acquisition of adjacent surplus land from neighboring public entity to allow clients to maintain and expand their yard and create buffer from incompatible uses.

  • For national home improvement chain, represented client on leases for new locations and assisted the company in renegotiating leases during bankruptcy proceedings.

  • Represented national food manufacturing company in office and industrial lease transactions across the country, as well as in the sale of industrial, warehouse and manufacturing facilities. Some purchasers continue to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Represented a wide spectrum of retailers in leasing transactions in shopping centers, power centers, strip malls and stand-alone locations in California.

  • Represented world’s largest privately owned health and fitness center chain in lease transactions throughout California.

  • Represented regional hardware and garden company in leases for new locations and assisted the company in renegotiating leases during bankruptcy proceedings.

  • Represented national pet food and food manufacturing company in office and industrial lease transactions across the country. Also represented company in the sale of industrial, warehouse and manufacturing facilities – some purchasers continued to use facilities for existing uses while others redeveloped the properties for residential, commercial/retail and industrial projects.

  • Represented regional water company in evaluation, entitlement/disposition strategy and negotiation for sale of surplus properties throughout the Bay Area, including the sale of surplus properties in Pleasanton for over $100 million and surplus properties in South San Francisco for over $21 million.

  • Represented developer in negotiating complex construction, loan, intercreditor and lease agreements for acquisition, financing, construction and leasing of the $72 million mixed-use Fillmore Heritage Center (Center included jazz museum, condominiums, restaurants and parking).

  • Represented a Northern California county in numerous transactions disposing of surplus properties, including the sale of a 30-acre parcel to private developers for an auto mall, which included access easements and other documentation related to the sale.

  • Represented a California city in the subdivision of a city-owned garage and retail development in downtown. Following the subdivision, the city sold the retail portion of the development to a private party, while retaining the parking garage. Representation included advising the city of the subdivision process, overseeing the subdivision of the property and preparing covenants, conditions and restrictions for the property.

  • Represented craft brewer in negotiating lease for 90,000 square foot building containing a brewery, restaurant and offices.

Publications

What Are Landlords Thinking?

What Are Landlords Thinking?

07/18/2019 | National Retail Tenants Association

[This article was originally published in the National Retail Tenants Association publication “Tenants In-Common” in July 2019.] Ever wonder just what landlords are thinking? I know I have. Probably most…

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The New California Department of Insurance Expedited Title Company Application Process: Fact or Fiction?

The New California Department of Insurance Expedited Title Company Application Process: Fact or Fiction?

04/17/2018 | Client Update

Obtaining a California underwritten title company license is generally a lengthy process. Once the application is filed with the California Department of Insurance (CDI), it can take a minimum of…

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Filling the Holes in a “Swiss Cheese Parcel” Correcting Flawed Metes & Bounds Descriptions

Filling the Holes in a “Swiss Cheese Parcel” Correcting Flawed Metes & Bounds Descriptions

03/07/2018 | California Land Title Association Claims Awareness Committee

[Originally published in the March, 2018 issue of California Land Title Association's Claims Awareness Committee.] Most real estate parcels in California’s urban areas were carved out of large tracts of what…

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Date Category Publication Title
10/02/2017 Publication Western Real Estate Business The Swiss Cheese Property Conundrum: Correcting CA’s Flawed Metes and Bounds Description
07/29/2017 Publication Real Estate Litigation Practice When the Same Lender Has Both a Senior and Junior Deed of Trust_.
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01/02/2017 Publication The Registry The Industry Speaks
12/22/2016 Publication Wendel Rosen Oakland Structures 2016 Survey Results
09/30/2016 Publication David Goldman California Imposes New Disabled Access Obligations on Commercial Property Owners
10/30/2015 Publication Mark S. Bostick How to Avoid Needlessly Exposing a Client’s Assets to Creditors in an Estate Plan or Trust
10/15/2015 Publication Oakland Business Review Hot Tips for a Tenant to Green its Space
06/29/2015 Publication Neal Parish and Todd Williams Inclusionary Housing Stays
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08/13/2014 Publication San Francisco Daily Journal The Changes Ahead for Commercial Real Estate
04/01/2014 Publication Western Real Estate Business The Changing Face of Real Estate Law in the 21st Century
03/13/2014 Publication Globest.com Uninsured Risk or Conventional Wisdom

Events

Sale Remedies

Sale Remedies

12/11/2019 | Continuing Education of the Bar

Join attorney Steve Morger who will present “Sales Remedies,” on December 11, 2019 at the Oakland Library. For more information or to register, please contact: raheel.hayat@ceb.ucla.edu

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Recovering Possession of Abandoned Leased Premises

Recovering Possession of Abandoned Leased Premises

12/09/2019 | Oakland / Berkeley Association of Realtors

Join attorney Mark Epstein who will present, “Recovering Possession of Abandoned Leased Premises,” on December 9, 2019 at 9:00 AM. Topics Include: Terminating a tenant’s right of possession of the…

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Oakland Structures

Oakland Structures

12/05/2019 | San Francisco Business Times

Wendel Rosen is pleased to sponsor Oakland Structures on Thursday, December 5, 2019 from 7:30 AM – 10:00 AM. Join SFBT for a conversation with a panel of developers, policy…

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Date Category Host Title
11/25/2019 Webinar Continuing Education of the Bar Financing Remedies
11/15/2019 Event Alameda County Bar Association ACBA Bankruptcy Symposium
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11/07/2019 Webinar Continuing Education of the Bar Title Insurance
10/10/2019 Seminar CCIM Institute - Northern California CRE Legal Update
08/07/2019 Seminar Wendel Rosen Client Seminar Demystifying the Home Buying Process for First Time Buyers
06/27/2019 Seminar Wendel Rosen Client Seminar The Black Sky Fallout: Recent Decision Upends Decades of Commercial Real Estate Lending
04/07/2019 Sponsorship California Land Title Association CLTAs 112th Annual Convention
03/29/2019 Sponsorship HomeAid Northern California HomeAid
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01/15/2019 Seminar National Business Institute Marijuana Business Law in California
12/20/2018 Seminar Robert Selna Landlords & Cannabis Workshop – Leasing to a Cannabis Tenant
06/21/2018 Sponsorship Institute of Real Estate Management San Francisco Bay Area Chapter Property Management Trade Show
05/17/2018 Seminar Appraisal Institute _ Northern California Chapter The Top Ten Things I Wish My Client’s Attorney Told Me Before Testifying
04/22/2018 Sponsorship California Land Title Association CLTA’s 111th Annual Convention
04/20/2018 Seminar PGIM Real Estate California Cannabis and Real Estate Investments
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04/19/2018 Sponsorship Bisnow Alameda County Multifamily & Mixed-Use Expansion
02/13/2018 Seminar Wendel Rosen Client Seminar The Devilish Details: How to Avoid Five Hidden Mortgage Pitfalls
12/12/2017 Seminar Wendel Rosen Client Seminar Title to Real Property – Strange But True Examples of What Can Go Wrong With Title, and How To Fix Them
12/06/2017 Webinar Continuing Education of the Bar (CEB) Transferring Real Property
12/05/2017 Webinar American Bar Association Green Lease Leaders
10/11/2017 Seminar Wendel Rosen Client Seminar It’s a Jungle Out There: Minimizing Litigation Risks in Your Commercial Real Estate Deals
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10/09/2017 Webinar myLawCLE Webinar Guarantor Liability 2017
10/05/2017 Sponsorship Bisnow The Future of Oakland
09/29/2017 Sponsorship Building Industry Association Women’s Leadership Conference
09/21/2017 Sponsorship The Registry Oakland Development Forum
09/12/2017 Seminar Wendel Rosen Client Seminar To Sublease or Assign? That is the Question
05/21/2017 Sponsorship California Land Title Association CLTA’s 110th Annual Convention
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05/09/2017 Sponsorship Bisnow Bisnow – Oakland Multifamily & Mixed-Use Rise and Expansion 2017
05/09/2017 Seminar Wendel Rosen Client Seminar Will History Repeat? Comparing and Contrasting Cyclical Real Estate Lending Environments
05/04/2017 Webinar Continuing Education of the Bar Real Property Essentials for Estate Planners
04/11/2017 Seminar Wendel Rosen Client Seminar Exploring Cannabis Industry Real Estate Impacts & Issues
12/01/2016 Sponsorship San Francisco Business Times Oakland Structures
11/10/2016 Sponsorship Bisnow Oakland Construction & Development: The Boom Continues!
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10/21/2016 Seminar Contra Costa County Bar Association What Every Real Estate Attorney Should Know About CEQA
10/20/2016 Sponsorship The Registry East Bay Fast Forward
10/18/2016 Seminar Wendel Rosen Client Seminar War Stories: Current Lease Trends and Strategies from the Front Lines
09/13/2016 Seminar Wendel Rosen Client Seminar Commercial Lease Modification & Expiration: Avoidable Common Pitfalls
08/16/2016 Webinar Continuing Education of the Bar Receivers and Receiverships in California Foreclosures and Real Property Disputes
07/28/2016 Webinar State Bar of California Smooth Sailing for Public Acquisitions in California: Navigating the Legal Process from Pre-Acquisition to Order for Possession
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04/12/2016 Seminar Wendel Rosen Client Seminar The Latest on Oakland’s Development Impact Fees and the California Supreme Court’s Steps to Rein in CEQA
02/23/2016 Sponsorship Bisnow Bisnow – Oakland State of the Market
02/09/2016 Seminar Commercial Real Estate Women Land Entitlements
12/15/2015 Sponsorship San Francisco Business Times Oakland Structures
12/14/2015 Seminar Oakland Association of Realtors (OAR) Unraveling Real Estate Co-Owner Disputes
11/10/2015 Seminar Wendel Rosen Client Seminar Easy In, Not Always So Easy Out
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10/13/2015 Seminar Wendel Rosen Client Seminar Purchase & Sale Clauses That Can Bite You in the Wallet
09/30/2015 Seminar National Retail Tenants Association Sustainability and Accessibility Issues in Shopping Centers
09/29/2015 Seminar National Retail Tenants Association Negotiating Key Issues in Office Leases
09/28/2015 Seminar National Retail Tenants Association CAM Wars – 2015 NRTA Conference
09/28/2015 Seminar National Retail Tenants Association Casualty and Condemnation: Rights, Remedies and War Stories
09/28/2015 Seminar National Retail Tenants Association Due Diligence Boot Camp: Title Survey and Environmental Issues
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09/04/2015 Seminar Continuing Education of the Bar (CEB) Neighbor Remedies
09/04/2015 Seminar Continuing Education of the Bar (CEB) Sale Remedies
09/03/2015 Seminar Continuing Education of the Bar (CEB) Commercial Leasing Transactions
09/03/2015 Seminar Continuing Education of the Bar (CEB) Commercial Sale Transactions
03/10/2015 Seminar Wendel Rosen Seminar The Guaranty: Recent Legal Developments and Strategic Considerations
02/10/2015 Seminar Wendel Rosen Seminar Recent Developments in Secured Lending & Foreclosure Law
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01/13/2015 Seminar Wendel Rosen Seminar Lease Defaults and Remedies: What Can Be Done When the Commercial Tenancy Goes Awry
12/05/2014 Sponsorship San Francisco Business Times San Francisco Business Times Oakland Structures
11/20/2014 Sponsorship International Council of Shopping Centers ICSC Northern California Idea Exchange 2014
11/12/2014 Seminar Wendel Rosen Seminar Lease Clauses That Can Bite You in the Wallet
10/22/2014 Seminar Wendel Rosen Seminar Evolving Approaches to Commercial Real Estate
10/14/2014 Seminar Wendel Rosen Seminar Real Estate LLC Essentials: Seven Critical Mistakes and How to Avoid Them
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10/02/2014 Webinar myLawCLE Webinar Guarantor Liability 101
09/09/2014 Seminar Mark Epstein Navigating the Peculiarities of California’s Real Property Lien Priority Law
07/21/2014 Event What Title Insurance Typically Covers and Excludes
06/10/2014 Seminar Client Seminar Default Remedies: Traps for the Unwary, Weapons for the Wise
06/05/2014 Webinar National Business Institute Guarantor Liability
05/21/2014 Event National Retail Tenants Association Enforcement of Lease Terms: Statutory and Contractual Limitations Periods
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04/17/2014 Event The Changing Landscape of Environmental Due Diligence
04/08/2014 Seminar Disclosure and Brokerage Issues in Commercial Real Estate Transactions
03/11/2014 Seminar ñUnderstanding Title Insurance: What it Typically Covers and Excludes, and What Additional Coverage May Be Available
02/11/2014 Seminar Financing Issues for Acquisition and Development of Real Estate Projects
01/14/2014 Seminar Strategic Considerations in Purchase and Sale Agreements
12/06/2013 Seminar San Francisco Business Times Oakland Structures
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11/14/2013 Seminar The Registry East Bay: Making the Connection
10/28/2013 Sponsorship International Council of Shopping Centers ICSC’s 2013 Northern California Idea Exchange Conference
06/20/2013 Seminar Fresno County Bar Association Important Developments in Real Estate Transactions & Financing
05/01/2013 Seminar A New Look at the New Oakland Coliseum District
11/30/2012 Seminar San Francisco Business Times Oakland Structures with the San Francisco Business Times
09/25/2012 Seminar East Bay Rising with The Registry
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06/20/2012 Seminar Alameda County Bar Association Title Insurance: Developments and Lessons Learned In The Crucible of the Great Recession
04/19/2012 Seminar Chinese-American Real Estate Association Asset Protection & Wealth Transfer
11/07/2011 Seminar Private Event Estate Planning for Owners of Real Estate
09/22/2011 Seminar Estate Planning Strategies for Passing on Real Estate
09/08/2011 Seminar National Retail Tenants Association The Greening of Retail: Green Leasing, Building & Operating Practices and Issues
07/14/2011 Seminar National Business Institute Advanced Issues in Foreclosure
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07/13/2011 Webinar International Council of Shopping Centers The American Disabilities Act (ADA) and Your Shopping Center
05/18/2011 Seminar National Business Institute Insured Closing Letters: What Attorneys Need to Know
05/11/2011 Seminar Green Lease Revolution
04/20/2011 Seminar Client Seminar Investing in Residential Income Property

News

Zack Wasserman Named “Real Estate Law Trailblazer”  by The National Law Journal

Zack Wasserman Named “Real Estate Law Trailblazer” by The National Law Journal

04/01/2020 | Wendel Rosen LLP

Wendel Rosen LLP, the largest law firm in the East Bay representing businesses throughout the state, congratulates Land Use and Real Estate Partner R. Zachary Wasserman for his selection to…

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Zack Wasserman Discusses Impacts of Sea Level Rise

Zack Wasserman Discusses Impacts of Sea Level Rise

02/20/2020 | NBC Bay Area

Wendel attorney Zack Wasserman offers expert analysis in an NBC Bay Area piece on the threat that rising sea level poses to neighborhoods and major construction projects in the Bay…

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Partner Steve Morger Reviews Impact of Black Sky Decision on Commercial Lending

Partner Steve Morger Reviews Impact of Black Sky Decision on Commercial Lending

01/03/2020 | The Registry

In his byline article for The Registry, Partner Steve Morger discusses the recent California Supreme Court decision in Black Sky Capital LLC v. Cobb, which upended decades of lending practices…

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Date Category Publication Title
12/09/2019 In the News California Centers  Gregg Ankenman Offers Glimpse into the Mind of a Landlord
11/01/2019 Press Release Wendel Rosen LLP  Wendel Rosen Scores Seven “Tier 1” Rankings on Best Lawyers 2020 Best Law Firms List
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10/02/2019 In the News San Francisco Chronicle  Land Use Partner Robert Selna Comments on San Francisco Rezoning Settlement
08/19/2019 Press Release Wendel Rosen  Wendel Rosen Lands 12 in 2020 Edition of The Best Lawyers in America
07/09/2019 Press Release   Wendel Rosen’s Patricia Curtin and Amara Morrison Named Real Estate Forum “Women of Influence”
12/06/2017 News Marijuana Venture  Building a Retail Store, Part Two
11/20/2017 Press Release   Wendel Rosen Receives Five “Tier 1” on Best Lawyers 2018 Best Law Firms List
08/28/2017 News San Francisco Business Times  Bay Area Cannabis Businesses, Expecting a Boom, Struggle to Lease Retail Space
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08/15/2017 Press Release   Firm Lands 10 Attorneys in 2018 Edition of The Best Lawyers in America
11/02/2016 Press Release   Wendel Rosen Scores Top Tier “Best Law Firms” Rankings Once Again
05/04/2016 Press Release   Firm Adds Three Attorneys and Broadens East Bay Land Use and Real Estate Footprint
11/11/2015 Press Release   Firm Named to Sixth Annual “Best Law Firms” List
10/29/2015 Press Release San Francisco Business Times  Patricia Curtin Honored as a Northern California Real Estate Woman of Influence
08/07/2015 Press Release   Firm Welcomes Robert Selna to its Land Use and Real Estate Practice Groups
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07/01/2015 News   Gregg Ankenman in WREB and Shopping Center Business