William S. Small

California

EPG Lawyers
12121 Wilshire Blvd, Suite 600
Los Angeles, CA 90025
United States

Tel: (310) 899-2070

Email: wsmall@epglawyers.com
Web: www.epglawyers.com

William S. Small is a nationally recognized real estate lawyer with over thirty-eight years of experience successfully handling a broad range of real property transactions.

Bill’s real estate practice heavily emphasizes (1) the representation of community, regional, and national banks and other institution lenders in commercial real estate lending and construction finance; (2) acquisitions and dispositions of commercial real estate (all property types); (3) representation of landlords and tenants in leasing transactions for retail, office, and industrial properties; and (4) commercial real estate development matters, including preparation of construction contracts and agreements with architects and engineers.

Commercial Real Estate Finance

One of the primary areas of Bill’s real estate practice is the representation of commercial banks (community, regional, and national banks) and other financial institutions (insurance companies, mortgage REITs, and other lenders) in all aspects of commercial real estate lending and construction finance, including loan origination and documentation; loan administration and servicing; loan modifications, workouts and restructuring; and secured loan enforcement. Bill has represented lending institutions with respect to more than of $2.5 billion in construction, bridge, and permanent loans for all property types, including office, retail, industrial, residential subdivisions, condominiums, leasehold estates, and special-use properties (including hotels, mixed-use projects, health care facilities, and leasehold financing).

Acquisitions and Dispositions of Commercial Real Estate

Bill has extensive experience in the acquisition and disposition of commercial real estate, including industrial and manufacturing property, office buildings, shopping, and retail centers, hotels, multifamily projects, and other property types, including expertise in the following areas:

  • Preparation and negotiation of purchase and sale documentation for the disposition of commercial real estate, including hotels and other projects consisting of mixed real property and personal property assets.
  • Due diligence investigations for investors/purchasers of commercial real estate, including review of title reports and underlying title documents, leases, operating information, ALTA surveys, environmental assessments, property and engineering inspections, and land use entitlements.

Bill has handled the following representative real estate transactions:

Finance:

  • Represented lenders (commercial banks, insurance companies, and other financial institutions) in the origination, documentation, or restructure of more than of $2.5 Billion in construction, bridge, and permanent loans for commercial, industrial, and residential projects.
  • Represented lender in $325 million financing for the development of $1.2 billion mixed-use project in downtown Los Angeles, including 500 condominium units, 185 room hotel, and 200,000 square feet of commercial retail space. The lender raised its capital through syndication to foreign investors in China through the USCIS Immigrant Visa EB-5 Program.
  • Represented commercial bank in permanent loan secured by 280,000 square foot office building located in San Diego, California.
  • Represented commercial bank in construction loan for the development of high rise luxury condominium project on Wilshire Boulevard in West Los Angeles, California.
  • Represented one of the largest commercial banks headquartered in Southern California in connection with the restructuring of multiple loans aggregating more than $25,000,000 secured by multiple industrial properties in downtown Los Angeles.

Acquisitions/Dispositions/Development:

  • Represented lender in sale of a portfolio of REO properties consisting of three hotel facilities in Sacramento, California.
  • Represented buyer in connection with $27.2 million acquisition of 181 unit apartment complex in Los Angeles, California.
  • Represented buyer in connection with $27 million land purchase for development of 152 unit condominium project in Anaheim, California.
  • Represented seller in connection with $21 million land sale for development of multifamily apartment complex in Koreatown area of Los Angeles.
  • Represented owner of a former oil refinery site in a $26,000,000 phased land sale to an industrial developer, including resolution of complex hazardous waste remediation issues.
  • Represented developer in the purchase and development of a $120,000,000 luxury apartment complex in Los Angeles, California, the conversion of the project to residential condominiums, and the marketing and retail sale of the condominium units.
  • Represented developer of a residential/mixed-use project consisting of 420-acre master-planned development in Rancho Mirage, California, including negotiation of a 99-year ground lease with the Agua Caliente Band of Cahuilla Indians.

Bill is a frequent author and lecturer on various aspects of real property law and finance, including participation in the following programs and activities:

  • Member, Planning Committee and Program Committee, USC Real Estate and Business Law Forum (2013, 2014, 2015 and 2016).
  • Moderator, USC 2015 Real Estate and Business Law Forum, Los Angeles, California. Panel: “Foreign Investment in U.S. Commercial Real Estate.
  • Moderator, USC 2014 Real Estate and Business Law Forum, Los Angeles, California. Panel: “Global Logistics, e-Commerce, and Transportation Infrastructure: Impacts on the California Real Estate Market.”
  • Speaker, USC 2013 Real Estate and Business Law Forum, Los Angeles, California. Panel: “What’s Working with Loan Workouts: Getting to the Endgame.”
  • Speaker, Best of CLE (Lorman Seminars), January 2011. Presentation: “Selected Issues and Recent Developments in California Real Property Purchase and Sale Agreements.”
  • Speaker, IMN Bank and Special Asset Executive Forum on Distressed Real Estate, September 2010. Panel: “Navigating a Bank’s Special Asset Department.”
  •  Speaker, Lorman Seminars, December 2007. Panel:   “Real Estate Development from Beginning to End.”
  • Speaker, University of California Extension in Association with the Harvard Business School Association of Southern California, Los Angeles, California, October 24, 1991. Panel: “Real Estate Workouts and Turnarounds from the Lender’s Perspective,”
  • Speaker, University of California Extension in Association with the Harvard Business School Association of Southern California, Los Angeles, California, January 28, 1993. Panel: “The Workout Process from the Lender’s Perspective.”
  • Author, California Attorney’s Damages Guide, California Continuing Education of the Bar, Chapter 2: Real Estate Seller-Buyer, Annual Update, 1991-1995.
  • Speaker, Infocast Incorporated, October 1990. Los Angeles, California. Panel:   “Environmental Update for Lenders: Coping with the New Realities.”
  • Speaker, Infocast Incorporated. May 1990. Los Angeles, California. Panel: “The Comprehensive Commercial Construction Lending Course.”
  • Chair (1993-1994), Vice-Chair (1992-1993), Member (1990-1992), Education Committee of the Business Law Section of the California State Bar Association.   Chair of the Business Law Section Annual Spring Program (1991 and 1992); and Chief Editor of the Business Law Section Annual Update of Legal Developments (1993 and 1994).

The Firm’s highly ranked real estate attorneys have extensive experience handling all facets of real estate acquisitions and sales, development, leasing, construction, and financing for a full range of property types in California and across the country. EP&G’s Real Estate Practice Group can efficiently handle large portfolio transactions as well as complex deals involving a single property. Our experienced real estate lawyers provide our clients with innovative yet practical solutions so that our clients can efficiently achieve their goals while identifying risks and addressing them in a constructive and pragmatic manner. Our real estate group serves our clients’ real estate needs in all of the following areas:

  • Acquisitions, and dispositions of all property types, including office, apartment, retail, and industrial properties, land for development purposes, special use properties and facilities (including hotels, nursing homes, leasehold estates), and complex multi-state acquisitions and dispositions.
  • 1031 exchange transactions of all types, including forward and reverse exchanges, multi-property exchanges, TIC roll-ups and transactions, refinancing and investment.
  • Real estate partnerships, joint ventures, equity investments, and tenant-in-common (“TIC”) transactions of all types, including representation of sponsors, investors, special purpose entities, funds, syndicators, and others.
  • Real estate financing, including extensive lender and borrower side negotiation of loan documentation for permanent, construction, bridge, refinancing, and mezzanine loans.
  • Ground lease transactions for landlords, tenants, and leasehold lenders.
  • Commercial leasing transactions, including representation of shopping center, office building, and industrial property owners and other commercial landlords and nationally and regionally-recognized retail tenants and other lessees in all aspects of leasing transactions (e.g., due diligence, lease negotiation and documentation, complex tenant and landlord work letters and construction agreements, ground leases and build to suit transactions, and lease administration).
  • Real estate development and construction of all property types, including extensive experience with design/ development/construction contracts with architects, engineers, and general contractors.
  • Real estate fund formation, private placements, REIT transactions and all phases of securities law issues relating to real estate sponsors and transactions.
  • Loan modifications, workouts and restructures.
EPG Lawyers is a result-oriented law firm that implements a creative approach to attain its clients’ objectives. Thinking outside the box brings results to otherwise difficult or hopeless situations.

Whether at trial or in the boardroom, the Firm employs a multidisciplinary approach to complex situations to provide an effective resolution. We have a power-house civil litigation department, handling all forms of business litigation and intellectual property litigation. Our family law department handles the full range of high-end divorce, child custody, support and division of assets matters. We also generate and negotiate premarital agreements for our high-net-worth clients.

Finally, our transactional and real estate department has great experience setting up companies, negotiating deals, and handling all forms of real estate issues.