Overview

Burr & Forman represents real estate developers, buyers, and sellers involved in all aspects of industrial, commercial, and residential real estate. We represent and defend our clients in their development, transaction, and dispute resolution needs throughout the United States.

We work with clients on real estate matters including:

Acquisitions & Dispositions

Our attorneys represent both buyers and sellers in all facets of the acquisition and disposition process including preparation and negotiation of the purchase agreement, review and consultation regarding title documents and title insurance, finance arrangements, due diligence, tax and 1031 consequences, remedies, and other pertinent matters. Our attorneys deal with many types of properties, including retail, industrial, office, hotel and multi-family, distressed, and commercial mortgage-backed securities (CMBS) properties.

Condominiums

Our attorneys represent developers of commercial and residential condominium projects, including preparing and obtaining approval of all condominium documents with the required governmental authority, handling the closing of the sale of individual units, and representing the developer in negotiations with the condominium association. In addition, our team represents condominium associations on a variety of matters.

Construction

Our attorneys negotiate construction contracts for almost every conceivable improvement to real estate, including, but not limited to, infrastructure improvements (underground sewer and water, roads, utilities, etc.) and vertical improvements (houses, multifamily, office buildings, shopping centers, hotels, etc.). This includes representation both from the construction perspective and the owner perspective.

Development

Our attorneys represent developers (both fee and leasehold owners) of commercial properties in connection with land acquisition, entitlements, zoning, title, environmental, mixed-use, and other reciprocal arrangements.

Joint Venture / Investments

Our team represents both developers/owners and investors (including fund formations, compliance, and other regulatory matters) in connection with choice of entity (including LLCs, Series LLCs, Partnerships, and REITs), capitalization, waterfall, tax consequences, defaults, and exit strategies.

Leasing

Our attorneys represent both landlords and tenants in residential and commercial leasing, including negotiating leases for significant office space, shopping centers, and free-standing retail stores.

Litigation

Our team has the capability to cover a wide variety of real estate-related disputes. Our attorneys practice before state and federal courts, as well as administrative agencies, at both the trial and appellate levels. We advise our clients on strategies to avoid or minimize the time and expense associated with litigation, encouraging the resolution of disputes through negotiation, mediation, and arbitration, as appropriate. However, when litigation is in our clients' best interest or simply cannot be avoided, our trial attorneys provide aggressive and effective representation in all phases of the litigation process.

Our team defends clients in several types of real estate litigation matters:

  • Contract disputes
  • Commercial foreclosures
  • Development issues
  • Eminent domain
  • Quiet title and ownership litigation
  • Title insurance claims and defense

Portfolio Transactions

Our team represents buyers, sellers, and lenders in connection with the acquisition, disposition, and refinancing of multiple commercial properties often in various states.

Timberlands

Burr represents lenders and borrowers in timberland loan transactions ranging from a few thousand acres in a single state, to hundreds of thousands of acres in multiple states. Our team also represents clients in the purchase and sale of timberlands. These legal services often include other relevant disciplines such as corporate, LLC and partnership organization, timber sale contracts, timber management contracts, easements, and timber deeds.

Land Use & Zoning

Burr & Forman’s environmental team provides advice and services, including litigation, associated with all environmental aspects of business planning, development, and operation. Our attorneys assure compliance with statutory and regulatory requirements and help clients avoid enforcement actions and litigation. We are intimately familiar with the applicable state and federal statutes, regulations, and case law, as well as local and federal enforcement agencies and their personnel throughout our southeastern footprint and beyond.

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