Real Estate and Development Law

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.

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.

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.

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.

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. 

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.

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.

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.

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.