Legal Services For Hawaii Real Estate Investors

We help our clients grow, protect and manage their real estate for future generations.

OUR SERVICES

Build

Estate and Legacy Planning
A carefully considered estate plan the first major step to secure your family's financial future.  An estate plan provides peace of mind knowing your assets will be used to benefit those you care the most about, when you are no longer able to provide for them.  
Your home plays a crucial role in building wealth for your household and increasing your family's net worth over time. This is especially important in Hawaii, where your home is not only as a financial resource but also as part of the legacy they will leave for future generations.  An estate plan serves to protect this important asset for the future.
HOW WE HELP
We design estate plans so every family in Hawaii can create a lasting legacy, regardless of their stage in life, current net worth or objectives.  Whether you require a completely new plan or wish to make revisions to your existing one, we will ensure your estate plan aligns with the specific needs of your family.

GROW

SYNDICATIONS
Investing with family members or other individuals is a common way to increase investment in real estate while.  Creating an entity, like an LLC, can allow a group of investors to purchase higher quality assets.

A clearly drafted agreement helps align group goals and investment strategy, clarifies the roles and responsibilities of each member, and clarifies what happens if a member divorces or passes away, or if the group needs additional money during the course of the project.  A written agreement may seem formal among friends or family, but it  ensures everyone is on the same page regarding the operation of the business and the distribution of profits and losses.
HOW WE HELP
We draft operating and partnership agreements and  explain how these documents work in practice to provide clarity, set group expectations, and promote alignment with respect to your financial goals.

PRESERve

ASSET PROTECTION
A sensible asset protection strategy protects investors by separating investments based on potential legal exposure.  Asset protection strategies can be as simple as purchasing additional insurance in some cases, or creating complex legal structures to own various properties in a portfolio.  While an asset protection strategy may not disadvantage legitimate creditors or parties with valid claims, an asset protection strategy is a responsible decision to protect your family or other investors. 
HOW WE HELP
We evaluate your current real estate investments to determine how to organize them in a way that minimizes your liability, and develop a cost-effective plan through the use of business entities such as LLCs and certain types of trusts,  to responsibly manage and mitigate your family's exposure.

MAINTAIN

OPTIMIZE YOUR ASSETS
Operating and managing commercial real estate requires experience and the ability to understand a complex legal landscape.  Commercial owners need legal counsel to drafting and managing leases, negotiate loan documents, conducting due diligence for acquisitions and sales, and supervise local counsel wherever their assets are located.   All of an owner's relationships are all governed by contracts and agreements that must be monitored, reviewed and re-negotiated.  These activities can and should be handed off to an experienced team, including a real estate attorney.
HOW WE HELP
We negotiate and draft leases, and actively review, monitor, and audit all of the contracts and agreements necessary to operate your investments for our clients with assets across the United States.   We partner with your local property manager and leasing brokers to make sure your assets are carefully monitored and in compliance with loan covenants, local regulations, and your goals and objectives.

We work regularly with our network of trusted third-parties across the United States to identify prospective investments and manage your mainland investments.

GUIDE

bringing in the next generation
Successfully passing on assets from one generation to the next is not simply a function of good estate planning.  Parents are often concerned that their children will not be incentivized to work if they receive a large inheritance, or will mismanage whatever they may be given.  Leaving behind wealth without preparation will often cause significant conflict among family members, and its difficult for parents and children to open this line of communication.

We believe it is essential for all stakeholders to understand how to operate and manage commercial real estate if they will eventually be responsible.  We understand that all family members may not have the same experience with managing commercial assets.
HOW WE HELP
Through strategy and training sessions, we help families with this transfer of knowledge while parents are still alive.  We work with families to develop and implement a plan so beneficiaries to operate these assets n alignment with their parents' goals.  We take into account every family's unique characteristics and work to reflect those dynamics in the agreements and estate planning strategies we propose.

EXPAND

Fractional general counsel & U.S. representation
Operating and monitoring real estate assets on the U.S. mainland, or from a foreign country can be daunting. Many investors fail to diversify their real estate assets because they no reliable legal representation outside of their home.
HOW WE HELP
Our firm acts as fractional general counsel, and can be brought in for real-estate specific projects or to manage your real estate holdings. We develop or review your legal systems and processes, conduct audits of your current real estate related agreements, and ensure you receive thorough, and accurate asset reporting whether your properties are located in Hawaii or the U.S. Mainland.  For non-U.S. clients, we can help you maintain your U.S. real estate investments by acting as a local representative, and will identify and ultimately coordinate with U.S. based tax counsel.

ABOUT me

I am an attorney and real estate investor. My law practice provides specialized real estate advisory and legal services to clients in Hawaii, the mainland United States, and Asia.  I have a background in real estate law, management, brokerage, development, and title and escrow. My practice integrates traditional legal services, real estate advisory and consulting. This allows me to give my clients practical, business-driven legal advice.

Prior to opening my private law practice in 2015, I worked for several major Honolulu law firms as a real estate litigator, in real estate development and finance, and for a national title and escrow company. 

I also have a background on the "other side" as an investor and partner in a real estate and private equity capital advisory firm which has averaged approximately $75 million in commercial real estate transactions in Dallas, Denver and Phoenix including over 1M square feet of office and mixed-used assets, and provide part-time general counsel services to family offices in the United States and Hong Kong.

I graduated from the University of Pennsylvania with a degree in Asian and Middle Eastern Studies with a concentration in Chinese language. I attended law school at the University of Maryland School of Law, where I was Editor-in-Chief, University of Maryland Law Journal of Race, Religion, Gender and Class, and I also received an M.S. in Real Estate Development from the Johns Hopkins University Carey School of Business. 

I am licensed to practice in Hawai‘i, Texas, the District of Columbia and Maryland (inactive). 

contact

david austin law
tel. 808-237-4141
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