Commercial Transactions and Real Estate

Frost Brown Todd saves manufacturer from property snag

A team of FBT lawyers combining real estate department and litigation department skills successfully prosecuted a declaratory judgment action on behalf of a Fortune 500 consumer products retailer and manufacturer in order to force an unwilling party to a lease to relinquish its ownership rights under purchase options that had been executed by our client.

The lease was particularly complex because it involved three large commercial parcels in a sale-leaseback agreement that offered certain tax advantages over the course of the lease. The team was able to secure a declaratory judgment and specific performance on summary judgment, and a trial just to determine the amount of damages that would be paid to the client for the adversary's failure to honor its obligations under the purchase options.