Overview
"The client needs its lawyer to do more than just identify the problems; the client needs a lawyer that can identify workable solutions to the problems and get the deal closed!"
For nearly four decades, Jay has represented clients in all aspects of the acquisition, development, leasing, financing, operation and sale of real estate, most notably office, shopping center and retail oriented projects. His typical clients include developers, landlords, tenants, borrowers, investors, private equity funds, and lenders.
Jay has represented developer clients in connection with many large-scale projects, successfully negotiating and documenting transactions for them with national retailers, including Publix, Target, Kohl’s, CVS, 7-11, Walmart, Food Lion, WaWa, Sheetz, Planet Fitness, and Aldi, and with restaurant operators including Panera Bread, Arby’s, Ruby Tuesday, KFC, and Red Robin.
He has extensive experience with transactions involving triple net ground leases and grocery store anchored shopping centers, including negotiating leases, representing developers in sale of pad sites, shopping centers and ground leased properties, representing private investors and funds in the purchase of free standing triple net leased properties as well as other retail and shopping center properties . Jay has established a strong reputation working on many well‑known projects throughout the Mid-Atlantic, including the 2,500,000 square foot Central Park Shopping Center project in Fredericksburg, Virginia, Cosner’s Corner in Spotsylvania County, Virginia, Quantico Corporate Center in Stafford County, Virginia, Innsbrook Corporate Center in Henrico County, Virginia, and Winding Brook in Hanover County, Virginia.
Jay strives to bring to each transaction an understanding of the business of real estate on the local, regional, and national levels and a pragmatic approach to representing his clients in negotiations. Jay understands that there is a premium on getting the deal done and closed quickly without compromising the client’s interests. His approach involves not only identifying the issues and concerns for his clients but also partnering with them to develop and implement creative legal and business solutions that facilitate, rather than hinder, the goal of getting the deal closed.
Jay’s relevant experience includes:
- Drafting and negotiation of office, retail, warehouse and ground leases, including complex leases involving nationally known tenants.
- Structuring and negotiating real estate joint ventures and limited partnerships.
- Formation of limited liability companies, partnerships and corporations.
- Drafting and negotiating purchase and sale of real estate.
- Corporate asset acquisition and disposition.
- Structuring and negotiating comprehensive covenants, restrictions and easements for large scale residential, commercial and mixed use developments.
- Reviewing, drafting and negotiating leases and lease enforcement, including landlord/tenant matters.
- Shopping Center Declarations, OEA's and REA's, including cost sharing agreements among multiple owners.
- Loan workouts and restructuring.
- Construction loans and permanent financing.
- Conduit loans.
- Investment in tenant in common transactions.
- 1031 tax deferred exchanges.
- Foreclosures
Recognition
Best Lawyers in America® for Real Estate, 2008 - 2009, 2012, 2014 - 2018, 2020 - 2025
Named to “Legal Elite” (Real Estate/Land Use), Virginia Business, 2004, 2008, 2016, 2017, 2020
Virginia Super Lawyers, Real Estate, 2006 - 2013
Martindale-Hubbell® AV Preeminent® - This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.
Experience
Experience
Representation of developers in drafting and negotiating sales contracts and comprehensive operating agreements with national retailers, including Target, Kohl’s, WalMart and Home Depot.
Representation of a landlord client in negotiating a lease and subsequent sale of a grocery store anchored center to Publix.
Representation of medical/physician groups in leasing medical office space.
Representation of a medical practice in structuring, negotiating, and completing a joint venture for the development and ownership of a medical office building.
Representation of a private investor in the portfolio sale of 35 retail properties. Representation of clients in a sale – leaseback transaction with a national retailer.
Representation of tenants in connection with lease defaults, workouts, and implementation of lease exit strategies.
Representation of developers and investors in negotiation of financeable ground leases for stand-alone retail and office properties.
Representation of local retailers in leasing space in a regional lifestyle center.
Representation of a developer in the preparation of complex common area operation and maintenance agreements.
Representation of developers in commercial mortgage-backed securities (CMBS) mortgage refinancing transactions.
Provision of legal services in connection with acquisition and portfolio management for a state pension fund.
Representation of a private landowner in a lease for a minor league baseball stadium.
Perspectives
News
Publications
Community
Beyond the Law
Beyond the Law
Jay founded the firm’s Fredericksburg office in 1991 and has engineered its growth and development from the trunk of his car to its current office at 725 Jackson Street. When he’s not practicing law, or enjoying golf and skiing in Wintergreen, Jay works on fund raising and community service projects for the Rotary Foundation and his local Rotary Club in Innsbrook.
Services
Education
University of Richmond School of Law, J.D.
Randolph Macon College, B.A.
Admissions
- Virginia
- AchievementHirschler Increases Best Lawyers in America Recognitions to 47 Attorneys, Two Honored as “Lawyers of the Year” and Eight as “Ones to Watch”
- Firm NewsHirschler Grows Best Lawyers in America Recognitions to 46 Attorneys, Two Honored as “Lawyers of the Year” and Nine as “Ones to Watch”
- Firm News36 Hirschler Lawyers Named Among Best Lawyers in America, Three Honored As "Lawyers of the Year" and Eight As "Ones to Watch"