Real Estate & Business Counsel

Legal Counsel Informed by Deep Real Estate & Business Experience

Direct, partner-level counsel for real estate owners, investors, developers, operators, property managers, borrowers and lenders. The firm advises across the real estate life cycle, including acquisitions, financing, construction, leasing, redevelopment and property operations. It also handles urgent and distressed matters involving non-payment of rent, tenant defaults, evictions, borrower defaults, lender non-performance, distressed loans, workouts, foreclosure, and bankruptcy-related matters.

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The Experience Behind the Counsel

~15 YearsReal Estate Experience

~$4BnInstitutional Real Estate Investments

13 YearsInstitutional Lending & Asset Management

UCLAJD/MBA

Direct, Partner-Level Counsel

Counsel Before the Problem Becomes the Case

Real estate owners make legally significant decisions long before anyone files a lawsuit. Selecting a broker, negotiating an agreement, responding to a tenant complaint, documenting a tenant or borrower default, or serving the correct notice can materially affect what happens next. Early guidance is often more valuable - and far less expensive - than trying to repair the record afterward.

Simond Lavian brings the perspective of an attorney, investor, lender and property owner. With approximately 15 years of experience evaluating transactions, structuring investments, managing distressed situations and overseeing real estate operations, he understands how legal requirements, leverage, timing, and economics interact in real-world decision-making.

The firm advises participants throughout the real estate industry, including owners, investors, developers, operators, property managers, borrowers, and lenders. It also serves closely held businesses whose legal needs require practical, senior-level judgment. Clients work directly with Simond and receive the responsiveness, continuity and experience expected from partner-level counsel. The objective is to resolve the immediate legal issue while advancing the broader business plan - whether that requires preserving leverage, containing exposure, improving operations, or integrating a required legal process into a rehabilitation, repositioning or redevelopment strategy.

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Strategic Counsel

The Most Valuable Legal Advice Often Comes Before the Legal Matter Has a Name

Many expensive disputes and lost opportunities begin with an ordinary property or business decision - not a lawsuit. Sometimes the need is urgent; other times the value lies in a focused review before an agreement is signed, a notice is sent or an operational decision is made. Early legal guidance can help identify the real risk, preserve available options and establish the agreements, procedures and record that may matter later.

Residential property representing tenant and property operations

Tenant & Property Operations

A Tenant Reports Mold or Water Intrusion

Should the tenant be relocated? Who should inspect and remediate? What should management communicate, document and preserve, and should the insurance carrier be notified? The decisions made during the initial response can materially affect the owner’s exposure and available options.

Your Property Manager Handles the Building, but Who Advises Ownership and Sets the Legal Playbook?

Property managers communicate and act on behalf of ownership, often creating the record that will matter later. Owners need independent judgment on risk and strategy, while managers need clear procedures and responsive legal guidance to implement that strategy consistently. The firm advises property owners, individual property managers and management companies on tenant complaints, notices, repairs, accommodation requests, payment plans, relocation, lease administration, documentation and incident escalation.

Before Serving an Eviction Notice

A defective notice can waste months, while prior communications, unresolved repairs, accommodation requests or inconsistent documentation can create defenses and additional exposure. Early review can help the owner evaluate the record, correct avoidable problems and select the appropriate possession or settlement strategy.

Experience

Grounded in firsthand property ownership and operations, together with institutional oversight of borrower business plans, construction, leasing, property management, stabilization, and disposition.

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Residential property representing transactions, leasing and property strategy

Transactions, Leasing & Property Strategy

Before You Engage the Broker or Sign the LOI

Brokerage agreements can establish exclusivity, commissions, authority and tail obligations before a transaction takes shape. Once an LOI is presented, its economic and operational terms often establish the framework for the definitive agreement. Counsel can help evaluate the broker engagement, competing proposals, missing business terms, property-level risks and provisions that may become difficult to reopen later.

From Acquisition and Financing Through Leasing, Vacancy and Sale

Legal questions arise throughout a property’s life cycle - from acquisition and financing through construction, leasing, operations, vacancy, repositioning and sale. Not every question requires a full-service transactional engagement. Sometimes an owner needs focused advice on a broker agreement, lease form, loan provision, indemnity, disclosure, property condition or other discrete issue before committing or moving forward.

You Are Considering a Redevelopment, Ellis Act Withdrawal or TIC Conversion

The viability of a redevelopment or conversion can depend on more than plans and permits. Existing tenancies, relocation obligations, rent-control requirements, replacement-unit rules, land-use approvals, subdivision or tract strategy, financing and the intended sale or operating structure should be evaluated early. The firm can help identify the legal and business issues and coordinate appropriate land-use counsel, consultants, expeditors and other specialists.

Experience

15 years of experience evaluating, financing, acquiring, repositioning, leasing, and selling real estate.

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Sunlit construction framing representing capital, finance and project execution

Capital, Finance & Project Execution

Before Construction Starts or a Contractor Problem Escalates

Many smaller projects begin with only a proposal, invoice or abbreviated scope of work. A practical construction agreement can address scope, price, schedule, change orders, payment conditions, insurance, lien releases, responsibility for permits and what happens if work is delayed or defective. If problems arise during construction, early involvement can help preserve the record, clarify responsibilities and determine whether the issue can be resolved before full litigation becomes necessary.

Before You Sign the Loan Documents

Bridge and construction loan documents are often presented as standard or effectively nonnegotiable. But cross-collateralization, guaranty scope, recourse carveouts, draw conditions, reserves, reporting requirements, financial covenants, default triggers and lender discretion can materially change the transaction. Even when negotiating leverage is limited, focused review can identify deviations from the term sheet, prioritize critical requests and help the borrower plan for compliance after closing.

Your Loan Needs an Extension, Upsize or Restructuring

An approaching maturity, additional funding need, delayed or disputed draw, reporting or covenant issue, borrower default, lender nonperformance, partner capital shortfall or property-level underperformance may require action before positions harden. Counsel can help borrowers, lenders and investors evaluate their rights, preserve leverage and pursue an amendment, upsize, waiver, extension, forbearance, restructuring, foreclosure, receivership, bankruptcy or other enforcement and operational alternatives.

Experience

Informed by 13 years of institutional real estate asset management across more than 200 loans and investments, including extensions, restructurings, deeds in lieu, foreclosures, receiverships, bankruptcy proceedings, and REO strategy.

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Clients do not need to diagnose the legal issue or determine which practice area applies before calling. The firm can identify immediate risks, preserve the client’s options and lead the matter from initial assessment through strategy and resolution. Whether the need is a focused consultation or document review, ongoing operational guidance or a dispute requiring sustained attention, clients receive direct, practical counsel centered on their objectives.

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Practice Areas

Practical Counsel Across the Real Estate Life Cycle

Advice for owners, investors, operators, lenders and businesses - from early decisions through transactions, operations and disputes.

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Apartment property representing eviction and unlawful-detainer matters

Evictions & Unlawful Detainer

Careful guidance on notices, possession strategy, documentation and unlawful-detainer proceedings.

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Simond Lavian reviewing real estate plans

Real Estate Transactions & Leasing

Business-minded counsel for acquisitions, dispositions, agreements, diligence and deal execution.

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Commercial office property representing finance and workout matters

Finance, Workouts & Restructuring

Counsel for borrowers and lenders throughout the loan life cycle - from term sheets and closing documents through draws, reporting, amendments, upsizes, extensions, defaults, workouts, foreclosure, receivership and bankruptcy-related strategy.

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Outside General Counsel

Direct, partner-level legal support for real estate owners, operators, property-management companies and growing businesses that need an ongoing legal resource without the cost of full-time in-house counsel.

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Chandler property kitchen and living space

Property Ownership & Operations

Counsel for property owners, property managers and management companies on leasing, tenant communications, notices, compliance, operating procedures and property-level risk.

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Architectural plans representing construction, development and redevelopment

Construction, Development & Redevelopment

A practical construction agreement can address scope, price, schedule, change orders, payment conditions, insurance, lien releases, responsibility for permits and what happens if work is delayed or defective.

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