Commercial Real Estate
Our attorneys can assist you with any and all aspects of the real estate industry, including:
Our Commercial Real Estate Team
Thomas BorchardOf Counsel
Commercial Real Estate, Employment Law, Intellectual Property, Transactional Law
Representative Commercial Real Estate Matters
Real Estate Investment/Private Equity
- 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.
- 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.
Real Estate Transactional
- Led borrower teams on multi-family portfolio refinance projects with multiple properties in multiple states.
- 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.
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 Related Controversy Management and Litigation
- 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
- Substantial experience serving as primary counsel for developers, property owners, and contractors in various types of disputes related to their business operation
- 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 a $600 million work-out portfolio for First City, Texas
- Orchestrated the $55 million financing of the Magnolia Hotel
- Represented client, as provider, in $1Billion+ services contract
- Represented seller in stock sale of entity owning $33 Million Hotel
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 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 (Asset Manager and Property Manager Services)
- Lead counsel for management company expanding operations into asset management services including negotiation of management agreements and other aspects of offering lunch
- Significant experience working with asset manager in agreement to manage multifamily, mixed use, and office projects
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
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
- 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.
- 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.
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
- Extensive experience with all aspects of retail property, including purchase, sale, and finance transactions with a particular emphasis on tenant representation.
- Significant experience in leasing and sale of industrial properties
News & Events
Four FBFK shareholder/ attorneys, Dan Baucum, Kelly Kubasta, Richard Spencer, and Rachael Smiley, have been selected to the distinguished 2022 Edition of the Texas Super Lawyers list
Paul Braswell explains the limitations and implications of S-corp status, and how the sale of your business may be impacted.
The Apple Flaw & BYOD cyber-hygiene: 4 essential steps DFW business leaders need to take – now and forever
FBFK’s Data Privacy & Security attorney Jenifer McIntosh shares pointed insights about the recently publicized Apple exploits, how these could impact your business, and best practices to protect your data.
Learn from FBFK Data Privacy and Security Attorney Jenifer McIntosh as she shares the impact of GDPR on organizations in the U.S. with host Marcio Cots on his COTS Attorney’s Get Privacy podcast.