Practice Areas
Real Estate
Our real estate attorneys work in virtually all aspects of commercial real estate issues, representing a variety of clients from individual investors to owners and developers of multimillion-dollar properties, from Chattanooga to major cities in all 50 states. We regularly represent borrowers and lenders in real estate financing transactions, and we regularly work with landlords and tenants in negotiating and preparing leases for office, warehouse, commercial and industrial space. Our services include:
Land Use and Zoning. We assist developers and landowners on land use regulation matters such as zoning, subdivision requirements, and right-of-way abandonments.
Acquisition and Development. We provide clients with comprehensive legal and business services during all phases of acquisition and development, including zoning, governmental permitting, and land use issues, and the evaluation of due diligence matters, including title, survey, leasing, and environmental issues.
Commercial Leasing. Our firm represents landlords and tenants on all aspects of commercial leasing, including the preparation and negotiation of all types of office and industrial leases, including shopping center leases.
Real Estate Financing. We advise both lenders and borrowers in preparing and negotiating loan and financing documents for acquisition, construction, and permanent real estate mortgage financing, and assisting in the legal issues involved in obtaining equity capital.
Construction Law. We prepare and negotiate construction contracts, including owner/architect agreements, and agreements relating to the providing of goods and services by suppliers and subcontractors.
Environmental Law. We advise owners and operators on the myriad issues relating to compliance and due diligence matters for the acquisition and operation of real estate, including negotiation with various federal, state, and local agencies.
Ownership Entity Structuring. We advise owners, developers, and investors on the various issues in forming an ownership entity, including partnerships, corporations, and limited liability companies, and the management and operational issues relating to the choice of entity.
Work Outs and Bankruptcy. We represent creditors, owners, and borrowers on issues relating to bankruptcy, foreclosure, and work outs of problem real estate.
Tax and Estate Planning. We render tax and estate planning advice to clients concerning the tax implications and consequences of real estate ownership, including the use of family-owned entities and the use of like-kind (Section 1031) exchanges to defer the recognition of gain on the sale of appreciated property.
Recent Representative Matters
- Acquisition, financing, construction, leasing and sale of warehouse, manufacturing and other business properties
- Acquisition, construction, development, financing and leasing of strip shopping centers, office parks, multi-family apartment complexes, and residential subdivisions
- Represented regional petroleum services company is obtaining zoning variances necessary for the development of store sites
- Negotiated complex easement agreements that involved competing uses of the site by several utilities, a governmental entity and a private landowner
- Assisted an owner of a former manufacturing site in selling property that had environmental issues
- Conducted due diligence on several sites acquired by a national manufacturer, including working with local municipalities in obtaining necessary governmental approvals
- Negotiating a land swap that will result in an industrial development board constructing a rail spur for the benefit of our client
- Structuring and negotiating several Payment in Lieu of Taxes Agreements (PILOTS) for manufacturing clients
- Structuring and implementation of Section 1031 like-kind exchanges
- Real estate construction and permanent loans for in-state and out-of-state lenders for various projects, including a chain of restaurants with locations throughout the country, a shopping center that involved several box tenants, and multi-family apartments and office and shopping centers
- Acquisition and financing of multifamily apartment complexes
- Structuring and implementation of Section 1031 like-kind exchanges.