Commercial Real Estate
Our attorneys can assist you with any and all aspects of the real estate industry, including:
Assisted Living
Condemnations
Condominiums
Construction
Construction Financing
Development
Dispositions
Easements
Eminent Domain/Property Rights
Entitlements
Environmental Concerns
Permanent Financing
Foreclosures
Hotel/Hospitality
Industrial
Landlord/Tenant
Land Use
Leasing
Management
Mezzanine Financing
Multifamily
Office
Owner-Occupied
Restaurant
Retail
Shopping Centers
Title/Survey
Our Commercial Real Estate Team
Representative Commercial Real Estate Matters
Real Estate General & Other Contractor Representation
- Extensive experience representing high-end custom home builders and other general contractors
- Lead counsel for residential builder of high-end custom homes ($3M-$10M)
Real Estate Investment/Private Equity
- Significant experience working with private equity investment funds targeting real estate assets and more particularly working with sponsor groups with operating experience and partnering with investors to form funds for future investment.
- Lead counsel for sponsor group leading multiple manufactured housing properties raising capital from private equity fund. Lead counsel for sponsor group placing investment in multifamily properties.
Real Estate Related Controversy Management and Litigation
- Substantial experience serving as primary counsel for developers, property owners, and contractors in various types of disputes related to their business operation
- Extensive involvement in construction dispute involving alleged foundation defects in multiple houses along a single street and participated in successful settlement of claims on behalf of builder
Real Estate Transactional
- Extensive experience working on the negotiation of sale, acquisition, lease, construction and development of undeveloped land, commercial, industrial and residential projects, including office buildings, multi-family projects, mini/industrial warehouses and single family residential developments. Scope of experience also encompasses interim and permanent loan transactions, workouts involving non-performing loans and assets, foreclosures, mechanics’ lien claims, commercial leasing, construction agreements, management contracts, land use agreements, long term ground leases and condominium development.
- Led borrower teams on multi-family portfolio refinance projects with multiple properties in multiple states.
Lender Representation
- Representation of banks and other lenders in connection with acquisition and development loans to borrowers, secured by both real estate and other assets
- Primary counsel for community bank lender in the refinance of an office building in Dallas, TX, primary counsel for commercial bank lender on acquisition of a retail building in Dallas, TX
Real Estate Brokers
- Represented client, as provider, in $1Billion+ services contract
- Orchestrated the $55 million financing of the Magnolia Hotel
- Represented seller in stock sale of entity owning $33 Million Hotel
- Represented a $600 million work-out portfolio for First City, Texas
Capital Formation (Private Equity/Joint Ventures)
- Significant experience dealing with capital raises and joint venture relationships in a variety of industries, including real estate
- Work on joint venture agreement between landowner and residential home developer in joint venture with governmental entity for development of automated security software system
Capital Formation (Asset Syndications)
- Some experience with syndication of bank loans between originating lender and other participating banks
- Represented small regional bank in syndication of sizable loan to larger, national bank
Capital Formation (Real Estate Investment Funds)
- Experience with sponsor groups and investors in management of real estate investment fund for multifamily and manufactured housing markets.
- Lead counsel for sponsor group partnering with private real estate investment fund in acquiring, improving, and exiting manufactured housing projects
Capital Formation (Asset Manager and Property Manager Services)
- Significant experience working with asset manager in agreement to manage multifamily, mixed use, and office projects
- Lead counsel for management company expanding operations into asset management services including negotiation of management agreements and other aspects of offering lunch
Construction and Mortgage Borrowing
- Represented developer on construction loans for development of single-family development; represented owners for construction of owner-occupied and investment properties
- Represented an architecture firm focused on designs for schools and offices, negotiating construction contracts and other general business matters
Developer Representation
- Represented single family and multifamily developers in acquisition of land for eventual development or redevelopment, including property acquisition, subdivision and lot sales, and construction of developer-owned improvements.
- Assisted in the financing and development of a 275-acre single-family development in Prosper, TX, worked with the developer in all aspects of an office condominium project in Frisco, TX from declaration, association formation, and sale of individual units.
Land Use & Entitlements
- Experience working on zoning, permitting, and code compliance issues, particularly in the context of due diligence review and project planning.
- Have worked with developers and owners to ensure appropriate zoning existed for planned development
Asset Class & Specialized Real Estate Experience
- Significant experience in leasing and sale of industrial properties
- Extensive experience with all aspects of retail property, including purchase, sale, and finance transactions with a particular emphasis on tenant representation.
News & Events

Seven FBFK Attorneys Named to 2023 Texas Super Lawyers
We are proud to announce that shareholder/ attorneys Dan Baucum, Kelly Kubasta, Todd Shadle, Richard Spencer, Rachael Smiley, Steve Toland and Chris Williams have been selected to the distinguished 2023 Edition of the Texas Super Lawyers list.

FBFK Wins the Turnaround Management Association’s Small Company Turnaround of the Year Award for Pogo Energy, LLC
“We’re honored to receive this award and extremely proud of the Pogo Energy case outcome,” says Rachael Smiley. “It’s rare for a Chapter 11 debtor to reorganize under existing ownership and management – and without DIP financing.

How Chapter 11 Can Be a Deal-Making Space During Economic Disruption
Rachael Smiley discusses Chapter 11 deal opportunities to consider during economic disruption in this informative Q&A by D Magazine

FBFK Helps Usher in Global Angel Investor Network’s First Texas Chapter
FBKF took the early lead to encourage leaders of the Keiretsu Forum, a network of angel investor groups spanning over 50 chapters across four continents, to launch their inaugural Texas Chapter in Dallas-Ft. Worth.