Marcus J. Kocmur

(805) 966-7715

Practice Areas

Partner

Marcus Kocmur is a founding partner of Fauver, Large, Archbald & Spray LLP and the leader of the firm’s Land Use and Real Estate practice, where he represents real estate investors, developers, and operators in connection with capital raising, property acquisitions (including financing), dispositions, entitlements, and operating issues. Mr. Kocmur also has significant experience with construction-related matters.

Mr. Kocmur grew up “in the business,” watching his parents found and grow a successful real estate development and property management firm specializing in office and R&D properties in Southern California. After law school, he and his wife relocated to Santa Barbara to raise their family. They have two children with whom they enjoy spending time adventuring through the coastlines, forests and deserts of the western states.

Professional Experience

Recent Significant Engagements:

Outside general counsel to residential land developer, advising on entity selection, acquisition, disposition, financing, and operational matters.
Outside general counsel to residential custom home contractor, advising on contracts, insurance, and employment matters.
Outside general counsel to family with portfolio of “triple net” retail and industrial single-tenant properties.
Provided legal opinions in connection with multi-family investment financing.
Advised Asian health supplement company on real estate acquisition to expand manufacturing to the United States.
Entity formation and licensing for national home repair business franchisee.
Represented developer in defense of CEQA appeal arising from Santa Barbara County approval retail center.
Regular representation of restaurant owners with lease negotiations, licensing, and organizational issues.
Represented limited partner in dispute arising from alleged misrepresentations in sale of property by “house flipper.”
Represented technology start-up in dispute arising from “house party” app.
Advised non-profit university in lease negotiations relocating campus.
Advised design professional firm in “sweat-equity” contribution agreement for multi-family development opportunity.
Represented “hard money” lenders on secured loan workout issues.
Represented regional bank on enforcement of security interest in liquor license.
Represented multi-generational ranching family on sale to land developer.
Advised cannabis cultivation company on industrial space lease.
Developed standardized subcontract and prime contract construction templates for commercial contractor.
Developed standardized home improvement contract template for contractor specializing in estate home renovations.
Assisted commercial contractor with management of contract close-out issues for delayed projects.
Advised real investment company on potential multi-family residential redevelopment project.
Advised engineering employees on buyout agreements in connection with private equity “roll up”.
Advised country club owner on noise and encroachment issues.

Professional Associations

American Bar Association, Real Property, Trust and Estates Section
California State Bar, Real Property Law Section
Santa Barbara County Bar Association
Montana State Bar (inactive)

Education

J.D. Law, University of Montana’s Alexander Blewitt School of Law Co-Conference Editor of the Public Land and Resources Law Review
B.A. History, University of California Santa Barbara