Banking, Real Estate & Financial Services Group

Real Estate (Development and Finance)

Butler Snow’s Real Estate Group has substantial experience in every aspect of commercial real estate, including acquisitions and sales, financing, development, land use, construction, leasing and property management.

Our real estate lawyers represent real estate developers, owners, life insurance companies, major financial institutions and other lenders, landlords, tenants, property managers, consultants and governmental entities in all facets of commercial real estate and land use matters.  These attorneys also regularly advise the firm’s general business clients on their real estate matters.

The firm’s real estate practice includes the following major areas:

Acquisitions and Dispositions - In addition to representing buyers and sellers of all kinds of real estate properties, including shopping centers, office buildings, multi-family housing, undeveloped land and timberland, we often handle the real estate aspects of larger transactions, such as acquisitions and dispositions of entire businesses (divisions, subsidiaries or entire companies).

Construction and Development - We represent developers, joint venturers, investors, project owners and lenders on numerous issues related to construction and development, including construction contracts, restrictive covenants, easements, operating agreements, environmental and land use issues, professional service contracts, and consulting agreements.

Financing - The Real Estate Group handles a wide range of financings and refinancings, including acquisition and development loans, construction loans, permanent loans, synthetic lease and sale-lease transactions, participation loans and public loans and grants.

Leasing and Property Management - We prepare and negotiate commercial leases of all types for both landlords and tenants. As part of our leasing and financing work, we regularly handle subordinations, non-disturbance and attornment agreements and all other facets of the leasing transaction.  We also represent property managers in commercial leasing transactions.

Condominiums, Cooperatives and Time-Shares - Our real estate lawyers are well-versed in the various legal requirements existing in each jurisdiction in which we practice that relate to the establishment of and governance of condominiums, real estate cooperatives and time-shares.

Administrative Law and Litigation - We regularly represent clients in hearings and other proceedings before boards and agencies related to licensing, zoning, planning and land use issues.  Working with our administrative and litigation attorneys, we have extensive experience in handling a wide range of real estate disputes, such as eminent domain matters, quiet title actions, specific performance or suits for breach of contract. 

Title Insurance - The firm regularly represents both insureds and title insurers in connection with title insurance policies, endorsements, underwriting opinions and claims.  Butler Snow acts as an authorized agent for three major title insurance companies.

Bankruptcy and Insolvency Issues - Our attorneys also handle bankruptcy cases and a variety of bankruptcy issues for lenders and borrowers, as well as landlords or tenants.  In addition, if real estate loans go into default, our lawyers handle foreclosures, receiverships and workouts, as well as a variety of other creditors’ rights issues involved in real estate transactions.

Our practice is broad, and we have handled transactions involving office buildings, shopping centers and malls, hotels, mixed-use developments, manufacturing and industrial projects, apartments, condominiums, residential development, casinos, golf courses, cemeteries and public projects.  Among our many real estate clients is one of the world’s largest retailers, for whom we handle all of its retail and shopping center developments in a two-state area.

The breadth, depth and experience of our real estate practice was recognized by Chambers USA: America’s Leading Lawyers for Business which selected the firm as a Band 1 firm and noted the “firm’s strength in handling large sales, purchases, financing and leasing transactions for a range of commercial developers.”  Chambers further commented that our real estate lawyers “were praised as ‘real deal makers’ who apply their knowledge of the sector to deliver results for their clients” and that the firm “has the back-up to handle what needs to be done.”

In many instances, lawyers in our Real Estate Group work closely on real estate matters with members of the firm’s other specialty areas such as environmental, public and governmental, corporate services, tax, commercial litigation and bankruptcy.

For additional information on Real Estate (Development and Finance), please contact Don B. Cannada or Jason G. Yarbro.

Members of this group include: Paula Proctor Daniel, John L. Galloway, Matthew H. Grenfell, Gregg C. Gumbert, Robert M. Holland, Jr., Debbie Horn, Jack F. King, Jr., C. Palmer Pillans, James H. Porter, Ronald G. Taylor, Virginia B. Wilson, L. Don Campbell, Jr., Geoffrey M. Hirsch and Claiborne P. Tanner.

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