Real Estate

Motley Waller represents clients in virtually all aspects of real estate transactions, as well as in commercial lending, litigation, lending regulation, mortgage banking, financial institutions, government assisted housing programs, administrative regulation and adjudication, bankruptcy, creditors’ rights, land use, tax and corporate and partnership law, and public finance. Our clients include purchasers and sellers, landlords and tenants, real estate developers, property management companies, homeowners’ associations, real estate investors and financial institutions, as well as businesses and corporations of all sizes in need of advice about particular transactions or disputes. We are experienced in the syndication of commercial real estate loans, including, the negotiation of co-lending agreements and inter-creditor agreements. We routinely handle review of loan documentation and advise clients concerning the restructuring of the documentation so as to strengthens any weaknesses or deficiencies that we believe, based on our due diligence, might exist.

Experience and Areas of Expertise:

• Commercial and Residential Leasing
• Administrative Regulation and Adjudication
• Public Finance
• Due Diligence
• Land Use
• Lease, Purchase and Sales
• Government Assisted Housing Programs
• Litigation/Dispute Resolution
• Debt Management

We represent clients in the following areas:

• Preparing and negotiating contracts for the acquisition and sale of commercial and residential real estate, including land assemblages;
• Negotiating the terms of financing commitments for the acquisition and development of real estate and for interim and permanent loans;
• Providing guidance in the structuring of transactions to maximize benefits to purchasers or sellers, including guidance and representation in obtaining tax exempt financing for commercial and residential real estate;
• Reviewing documentation and providing guidance in the due diligence review of properties;
• Preparing specialized documentation, such as restrictive covenants, deeds of subdivision, easements, storm water management maintenance agreements and public improvements agreements, and assisting the client in processing these documents with local governmental representatives to obtain favorable approval;
• Preparing and negotiating declarations, reciprocal easements, maintenance cost-sharing agreements and organizational documents for homeowners’ associations and master associations;
• Preparing and negotiating development agreements between developers for the coordinated development of planned communities, including office, retail and various types of residential use; and
• Providing representation at, and coordinating, closings pursuant to sale and purchase contracts, including coordinating all closing related functions with title companies, surveyors, engineers, architects, clients, lenders, and other professionals.