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Real Estate and Development Law

Real estate and development issues affect all businesses and individuals.  Our attorneys provide comprehensive assistance to a broad range of clients, including developers, property owners, lenders, investors, landlords, community associations, and contractors, related to a variety of real estate and development needs.  Our team has also developed long-standing, working relationships with the municipalities in the region.  These relationships, combined with our attorneys’ significant experience, allow us to provide important guidance and advocacy in a number of real estate matters, including land use and zoning; commercial leases; real-estate joint ventures; economic development; construction-related contracts; and landlord/tenant matters.

Successfully completing a real estate development project requires careful planning, an understanding of the federal, state, and local laws affecting real estate development, and working relationships with local government agencies.  Our attorneys will provide technical advice and guidance through each step of the development process, whether you are developing a mixed-use project, hotel, timeshare, multi-family project, condominium, or planned community project.

  • Assisting with securing project financing, including preparing loan documentation or private placement for equity financing
  • Obtaining governmental approvals such as rezoning, conditional zoning and variances
  • Preparing planned community and condominium documentation, including the formation of property owners associations and homeowners associations
  • Drafting purchase contracts and other documentation for the sale of the project

Development

With deep-rooted ties to Asheville, Buncombe County, and Western North Carolina and professional, working relationships with many local municipalities, our real estate and development team has the experience and expertise to help you navigate the legal and political challenges you face when pursuing your zoning and land use needs.  Our attorneys will guide you through all elements of the zoning and land use process, whether it is obtaining government approvals or permits, ensuring compliance with zoning ordinances and building codes, or pursuing litigation to enforce your rights.

  • Obtaining government approvals, such as special use permits, rezoning or conditional zoning, variances, or subdivision approval
  • Advising on zoning and building code compliance, mixed use and multi-family projects, affordable and workforce housing, and procedural standards
  • Representation in state and federal court related to land use and zoning

Zoning / Land Use

Purchasing a family home is a significant investment.  Maintaining the quality of the community around your home will help safeguard that investment.  Our real estate and development attorneys can help you create, manage, and protect community associations such as homeowners associations, property owners associations, and condominium associations.

  • Forming and managing community associations, including drafting restrictive covenants, bylaws, and rules and regulations
  • Collecting assessments
  • Preparing, filing, and enforcing liens, including through foreclosure actions
  • Defending claims brought against community associations

Community Association

The unfortunate reality is that real estate development projects sometimes encounter financial difficulty, and it is important that lenders safeguard their financial investment.  Our experienced team of attorneys will work with you to protect and recoup as much of your investment as possible through transactions such as workout agreements, foreclosures, guaranty agreements, and Uniform Commercial Code security agreements.  If litigation is necessary, we will work diligently to obtain and enforce judgments and represent your interests during bankruptcy proceedings.

  • Negotiate, structure, and draft workout agreements
  • Represent you in bankruptcy proceedings and in state and federal court to obtain and collect on judgments and enforce guaranty agreements
  • Prepare and pursue foreclosure proceedings

Lender Representation

Real estate syndication combines capital from investors to purchase real estate.  Typically, real estate syndication is used when traditional financing is not available or on prohibitive terms.  Each member of the syndication owns either debt (a loan interest) or equity (an ownership interest), both of which may be regulated under federal and state securities laws.  Our attorneys will assist you in securities law compliance and selecting and implementing the most advantageous debt or equity structure.

  • Business planning related to the structure and formation of appropriate investment vehicles
  • Developing appropriate terms for management, control, and distribution within the syndication
  • Advise on federal and state securities law compliance, including Regulation D of the Securities Act, special state disclosures, and “blue sky” requirements

Real Estate Syndication

Our real estate and development attorneys recognize that a successful construction project requires careful management at every step, whether it is drafting the construction contract, obtaining proper zoning and building permits, or determining the most cost-effective way to finance construction.  We will assist you through each stage of the construction process and help you work effectively with contractors, subcontractors, material suppliers, design professionals, and property owners. 

  • Negotiating and drafting of construction contracts, subcontractor agreements, and other contracts
  • Advising general contractors and subcontractors on employment issues such as workers’ compensation, wage and hour issues, and OSHA
  • Preparation and enforcement of construction liens
  • Litigation related to construction contracts and construction defects

Construction

Every real estate transaction is unique, and our experienced real estate and development attorneys will provide practical advice designed to meet your specific needs.  Our team will guide you through the acquisition or sale of all types of real estate—including commercial, recreational, and residential properties—and will assist with document preparation, financing options, and title issues.

  • Negotiating and drafting of real estate contracts, rights of way and easements, leases, and construction contracts
  • Title examination and review, including advice related to title issues
  • Assistance with financing such as seller financing, refinancing, commercial loan agreements, and construction loans 

Buying / Selling

Leasing your property is an investment.  Our team of attorneys will help you protect that investment through well-crafted lease agreements, guidance regarding federal, state, and local landlord/tenant laws, and, when necessary, the initiation of eviction proceedings.  We provide assistance with a variety of commercial and residential properties, including mixed-use buildings, shopping centers, mobile home parks, property management associations, Section 8 housing, and single-family residences.

  • Review, negotiate, and draft residential and commercial leases
  • Assist with compliance regarding federal, state, and local landlord/tenant laws, including laws related to security deposits, unpaid rent, and lease terminations
  • Representation in commercial and residential eviction proceedings, claims for past due rent, and Fair Housing Act complaints

Landlord / Tenant

Real estate transfers are complex and highly technical.  Mistakes or fraud, whether accidental or intentional, unfortunately may occur and create significant problems with the title underlying real estate.  When real estate or title disputes arise, our real estate and development team represents banks, lenders, title insurers, and individuals efficiently and aggressively to protect their rights and financial interests.

  • Representation in state and federal court regarding ownership disputes, easements and access, land use, and foreclosures
  • Advice regarding the validity, priority, and enforcement of liens on real estate
  • Defend title insurance claims related to lien priority, easements, and other encumbrances on title

Title Claims and Disputes

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