Real Estate

Our extensive real estate practice is built on a strong foundation of experience in all facets of the industry. We advise developers, investors, lenders and business users in the acquisition, development, financing, sale and leasing of real estate.

Our team has supported clients in the office and commercial, residential, mixed-use and industrial real estate segments. Additionally, our real estate litigation services have included representation of developers, owners and managers of commercial real estate in state and federal court, including tenant disputes, easement and restrictive covenant enforcement, deed restrictions enforcement, condemnation, adverse possession, construction litigation, lien enforcement and creditor bankruptcy representation.

Some of our services for these companies include:

  • Large-scale transactions where we navigate the complexities of land sale and purchase, financing, entity creation and more
  • Structuring land ownership agreements, contractor negotiations, infrastructure development and issue management
  • Mixed-use developments involving multiple parties and land types
  • Litigation and conflict resolution and efficient case planning
  • Public-private partnerships, expediting capital projects and reducing capital costs in complex and detailed real estate structures

Recent Real Estate Representative Matters

  • Pursuing claims on behalf of a shopping mall developer in The Woodlands, Texas, for breach of a commercial lease. The unsuccessful tenant abandoned the property and attempted to terminate the lease on the basis that the landlord did not provide sufficient parking.
  • Pursued claims on behalf of a developer for breach of a contract following its attempt to purchase a piece of real estate. The client executed an agreement to purchase the property with an agent for the seller, but was then informed that the property’s tenant had exercised its right of first refusal to purchase the property. Our client subsequently learned that the seller backed out of the sale with the tenant and our client sought to enforce its original purchase agreement. The seller argued that the agent who brokered the deal did not have authority to execute the agreement with our client. The parties settled the lawsuit on favorable terms to our client.
  • Defending a technology managed services firm against claims for breach of a commercial lease. Pursuing counterclaims against the landlord for constructive eviction because the client was forced to abandon the lease as a result of recurring roof leaks. The roof leaks caused mold and mildew to grow and prevented employees from being able to work from the office.
  • Represented the buyer of a privately-owned golf course in Austin County, Texas.
  • Represented the borrower in a $65 million refinancing of the retail component of a mixed-used development.

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BoyarMiller