Development

Smart Legal.

The Real Estate and Development Team at McGuire, Wood & Bissette can help you with the entire development process, whether you are developing a retail, office, hotel, industrial, health care, multi-family, condominium or planned community project. We understand that as the developer, you face unique challenges in Asheville, Buncombe County and Western North Carolina due to the diverse nature of our community.

Real Estate Development- McGuire, Wood & Bissette

With deep-rooted ties to these communities and long-standing, working relationships with the various municipalities in this area, our Real Estate and Development Team is adept at helping you navigate the legal and political challenges you will face in securing the approvals and incentives you will need for your project.

Accomplishments

Representative clients include the Omni Grove Park Inn Resort & Spa, Progress Energy, Givens Estate, Inc., Target Corporation, the FIRC Group, Home Depot and The City of Asheville. Representative successes include:

  • Mixed-use (Office, Retail, Residential) Condominium: Represented the developer of a mixed-use high-rise condominium in downtown Asheville on all aspects of creation, including unit sales and condominium association formation
  • Multi-family: Handled a $25 million HUD 221(d)(4) project for a client developing a large multi-tenant apartment complex
  • Hotel: Secured unanimous approval from the Planning and Zoning Commission and the Asheville City Council for a client to build a 141-room hotel in downtown Asheville
  • Planned Community: Created the declaration, the master homeowners association and the sub-associations for the phased development of single-family homes and townhomes in a gated subdivision

Representative services provided by our Real Estate and Development Team include the following:

Securing Governmental Approvals and Incentives

  • Zoning, Land Use Permitting and Entitlements
  • Regulatory and Administrative Negotiations and Approvals
  • Economic Development and Incentive Negotiations

Closing the Land Acquisition

  • Drafting and Negotiating Offers to Purchase and Contract
  • Land Acquisition and Site Assembly

Forming and Capitalizing the Project Entity

  • Developer Entity Choice and Formation
  • Real Estate Joint-Ventures and Partnerships

Securing Project Financing

  • Loan Negotiation and Documentation for Construction and Permanent Financing
  • Private Placement Preparation for Equity Financing

Designing the Project

  • Project Planning (Collaboration with Lenders, Engineers, Surveyors, Municipality Administrators and Utility Providers)
  • Preparation of Easements and Restrictions
  • Condominium Development and Documentation (including POA Formation)
  • Planned Community Development and Documentation (including HOA Formation)
  • Creation of Conservation Easements

Constructing the Project

  • Drafting and Negotiating Contracts with General Contractors and Subcontractors
  • Drafting and Negotiating Contracts with Architects and Other Design Professionals

Mitigating and Addressing Development Issues

  • Reviewing and Addressing Title Issues
  • Review of Existing Easements and Restrictions
  • Alternative Dispute Resolution
  • Construction Litigation
  • Real Property Litigation
  • Zoning and Land Use Litigation
  • Drafting and Negotiating Contracts with General Contractors and Subcontractors

Operating the Project

  • Commercial Leasing
  • Landlord / Tenant
  • HOA / POA Representation

Selling the Project

  • Preparation of Development, Condominium and Related Documentation
  • Preparation of Lot Sales Contracts and Related Documentation
  • Foreclosures and Workouts