Real Estate

Real Estate

Betts Patterson Mines offers legal advice and services to clients engaged in the ownership, operation, investment, acquisition, leasing, management, financing, development and disposition of real property, and the resolution of real estate related disputes.  Our clients include companies and individuals that invest in and operate improved commercial property as a business for profit, that seek diversification in their investment portfolios, or that own or lease real estate as a primary or secondary business location, office, warehouse, manufacturing or distribution facility.   Real estate related services include:

  • Acquisition and disposition of improved and unimproved real property
  • Real estate-secured financing transactions representing lenders and borrowers, including the preparation and review of mortgages, deeds of trust and other security documents
  • Commercial, retail and office leasing
  • Environmental compliance and related environmental issues
  • Real estate investment involving foreign individuals and entities
  • Judicial and non-judicial foreclosure
  • Landlord and tenant relationships
  • Real estate joint ventures, syndications, limited liability companies and general and limited partnerships
  • Litigation and arbitration of real property disputes including quiet title actions, condemnations, adverse possession and boundary disputes

Because time is often an important factor in successfully consummating a real estate transaction, BPM emphasizes the expeditious and responsive handling of client requests, in order to insure to the greatest extent possible a smooth, efficient and timely closing.

Representative Cases

  • Defended a property owner in an eminent domain proceeding in which Sound Transit was the condemning authority.  Sound Transit was seeking to permanently or temporarily condemn our client’s property for the purposes of constructing the Central Transit Light Rail system.  We were able to successfully and favorably mediate two condemnation claims filed against our client, which resulted in our client being fairly compensated for damages incurred through and as a result of Sound Transit’s use, interruption and taking of our client’s properties.
  • Represented property owner in condemnation action involving improved commercial real estate outlet commenced by the City of Seattle in connection with the Mercer Street realignment in the South Lake Union area.  The matter was resolved through mediation in an amount that was approximately 30% higher than the condemning authority’s final and best offer.
  • Assisted the beneficiaries of a decedent’s estate in negotiating the disposition of a financially troubled retail facility that became vacant after the decedent’s death.  The transaction required professional analysis of various redevelopment alternatives and potential solutions.  Ultimately, a purchase and sale transaction was negotiated and documented involving a “short sale” which was agreed to by the institutional lender, resulting in a full satisfaction and release of the underlying mortgage and the avoidance of a substantial economic loss to the estate and its beneficiaries.
  • Represented a family limited partnership in the disposition of a hotel facility operated by a nationally recognized hotel chain, after the operator declined to renew its lease.
  • Represented owner in development of a resort hotel/lodge facility in Ketchikan, Alaska.  The project involved real estate acquisition, negotiation and documentation of equity funding, conventional construction and permanent financing, negotiation and documentation of management/operating contracts for the lodge with an Alaska hotel chain.  The lodge continues to operate successfully and has become a destination in southeast Alaska.
  • Assisted Seattle based private real estate investment firm in building and expanding portfolio of commercial, multi-family, retail, office and industrial properties in the Pacific Northwest and Southern California, having a total value in excess of $130 million.
  • Represented non-profit senior living and care organization with planned major expansion of its facilities, including facilities acquisition, leasing and project financing.
  • Assisted client in completing a series of commercial real estate acquisitions, IRC § 1031 exchanges, and mortgage financing transactions in excess of $50 million.
  • Defended a commercial property owner in a landlord/tenant dispute. Plaintiff leased property from our client, the landowner, to store its sports equipment.  Due to water damage caused by a leaking roof, the plaintiff filed a breach of contract claim against our client for damage to its inventory and equipment.  Specifically, the plaintiff alleged that the landowner breached its contract by making modifications or allowing modifications to be made to the building in such a way as to allow water or other materials to enter the building.  We prevailed on summary judgment because we were able to show that under the lease agreement, the landowner was not liable for any property damage.
  • Representation of clients in land use disputes, including land use petition act appeals (”LUPA”), adverse possession claims and condemnation proceedings.