In today's increasingly challenging and competitive real estate industry, it is vital that a real estate practice group thoroughly understands the marketplace and a client's objectives.
At Fowler White, we represent major residential and commercial developers, financial institutions and investors in all facets of real estate transactions, from acquisition and development to leasing and final disposition. Our attorneys handle a wide range of real estate projects, including office buildings, mixed-use properties, hotels and multi-family communities.
Our clients benefit from the collaboration between the real estate team and other Fowler White practices, such as corporate, tax and litigation. In every project, our goal is to provide the guidance and resources needed to successfully execute a transaction to a client's best advantage.
Real Estate Transactions
Our real estate team has decades of experience representing buyers and sellers. We are dealmakers and skilled negotiators who go beyond the traditional role of document preparation and due diligence. As a result, our attorneys are able to help clients implement effective solutions to the countless, and often unexpected, issues that arise during the course of real estate transactions.
Fowler White regularly structures and executes transactions for a variety of property types, including:
- Office buildings
- Shopping centers
- Industrial parks
- Development parcels
- Hotels
- Mixed-use projects
- Residential and multifamily subdivisions
- Condominium projects
In addition, several members of the Real Estate Group have specific experience representing foreign investors in the acquisition of U.S. real estate. We provide our foreign clients with valuable counsel regarding the complex issues that surround property acquisition, such as estate and gift tax exposure, income tax consequences and U.S. immigration issues.
As a component to our real estate practice, our attorneys frequently examine title insurance commitments and reports. We also serve as title agents for major, national title insurance underwriters.
Real Estate Finance
Fowler White has significant experience with commercial lending. We represent numerous financial institutions in real estate-based financing transactions, including traditional mortgage loans, re-financings, loan assumptions and mezzanine financing workouts.
Our real estate practice provides services to lenders and borrowers on a wide spectrum of real estate financing matters, including:
- Acquisition
- Development and construction lending
- Permanent financing
- Commercial mortgage backed securities loans
- Mezzanine loans and preferred equity
- Bridge equity loans
- Syndicated loans
- Debt restructuring
- Convertible loans
- Credit facilities
- Synthetic leases and other off balance sheet financings
- Letters of credit and other credit enhancements
Every financing option inevitably carries with it various costs, benefits and risks. Our attorneys possess the experience necessary to help clients understand and assess the options available to them in order to determine which financing method best meets their business needs.
Real Estate Development and Planned Communities
We represent real estate developers, contractors and investors in the design, construction and development process. This representation includes:
- Joint venture and partnership agreements
- Land acquisition
- Entitlement and subdivision matters
- Negotiation and documentation of development agreements
- Construction contracts
- Architect's agreements
Our Real Estate Group represents unit owner associations and developers of condominiums and planned communities. We handle all types of condominium transactions and create efficient legal structures that satisfy the complex requirements of condominium law. We also advise numerous owners' associations on issues concerning daily condominium governance.
For planned communities, we are experienced in the preparation of unit development documentation which serves to enhance the value and cohesiveness of a community. Our attorneys draft master declaration, protective covenants, conditions and restrictions for the project; neighborhood declarations for particular sections of the project as well as the articles and bylaws of homeowner associations.
In addition, several of our litigators have extensive experience representing homeowners' associations against a variety of claims asserted by residents, such as negligence, personal injury and property damage.
Leasing
Our Real Estate Group has the experience, market knowledge and business savvy to negotiate and document lease transactions quickly and thoroughly. We represent both landlords and tenants in all aspects of commercial lease negotiations that often cover millions of square feet of space in office, retail, industrial, institutional, shopping centers, warehouse, hospitality, manufacturing and mixed-use properties.
We assist clients with the following leasing-related services:
- Contract negotiations
- Purchase options
- Space construction
- Rent escalation clauses
- Leasing brokerage agreements and issues
- Ground-lease transactions both for new developments and existing buildings
- Major sale and leasebacks transactions
- Creative tenant-equity leases
- Reciprocal lease agreements
- Financing arrangements
- Property management agreements
In addition, our attorneys provide advice and analysis relating to the impact that various leasing strategies have on specific financing and lender considerations, regulatory requirements and exit strategies.
Real Estate and Construction Litigation
We represent diverse segments of the real estate industry including developers, contractors, principals, engineering and architectural consultants and banks with respect to real estate disputes and claims under construction contracts. We have handled a wide spectrum of real estate disputes involving purchase and sale of contracts, project financing, commercial leases and property insurance. Our attorneys are also actively involved in real estate foreclosures, receivership, distressed asset disposition and liquidation and workouts.