Commercial & Investment Real Estate

At Brownlee Whitlow & Praet, PLLC, we assist clients with all aspects of commercial real estate transactions, including negotiating, drafting, and reviewing complex, integrated documents for the acquisition, financing, leasing, development, exchange, and sale of commercial properties. Although we focus on multifamily transactions, including syndication purchases, our practice involves acquisition, disposition and leasing of all commercial real estate uses, including retail, office, multi-family, mixed-use, self-storage, condominium, industrial, and healthcare. Our clients range in size and scope from the local entrepreneurial developer to the national institutional investor.

Our clients benefit from our lawyers’ extensive knowledge of the business and financial issues underlying commercial real estate transactions and their understanding of the commercial real estate market.

Multifamily Acquisition and Dispositions

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Enforceability/Attorney Opinion Letters

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Commercial Refinance

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Commercial Landlord and Tenant

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Tax-deferred 1031 Exchanges

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Commercial Acquisition and Disposition

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Multifamily Acquisition and Dispositions

We close and assist with closing multifamily apartment communities throughout the United States. Our background in advising multifamily clients in their day-to-day operations, and the number of multifamily apartment purchases and sales we have had the privilege to take part in, allows us to see the big picture. This big picture view assists us from the beginning at the time of negotiating the transaction to benefit our clients. We understand the purchase and sale of a multifamily apartment community is not just the sale of a piece of real estate; but the sale of a business that affects the lives of many people. Additionally, we are experienced in the gamut of financing scenarios including syndication, FANNIE MAE loans, FREDDIE MAC loans, and financing from many other institutional and private lenders.

Enforceability/Attorney Opinion Letters

Our transactional attorneys regularly provide enforceability opinions for commercial real estate purchase and refinance transactions. Generally, we are able to opine regarding proper formation and authority of Delaware entities as well.

Commercial Refinance

Mortgages on commercial property are often a major — sometimes even the largest — component of a growing or established business’s expenses. Especially in a real estate market where volatility has been intense and sustained, an expense audit or business review may lead to important questions about refinancing options to free up capital.

In other situations, business owners and stakeholders run into temporary financial challenges that lead to default on a commercial mortgage and, ultimately, a foreclosure lawsuit. In a wide range of situations, we have helped our clients refinance a mortgage or develop a clear plan for dealing with adversity to move forward.

Comprehensive Guidance on Refinancing from an Interdisciplinary Perspective

At Brownlee Whitlow & Praet, PLLC, our cohesive, interdisciplinary team of deeply experienced lawyers helps business clients evaluate all options for better managing their real estate holdings. In addition to handling a wide range of commercial real estate transactions involving the acquisition and disposition of property, we are adept at:

  • Building the best possible business case for refinancing to present to an institutional or private lender.
  • Approaching all financing and refinancing cases with insight based on decades of experience counseling commercial lenders as well as business property owners — along with current, in-depth knowledge of real estate values and market conditions.
  • Assessing business sustainability, tax consequences and other key factors to be considered in any bid for commercial property refinancing, in order to propose a refinancing arrangement that presents a genuine opportunity for success through a change in payment terms, reduction in interest or principal, or other negotiated compromises.

Commercial Landlord and Tenant

Experienced Dispute Resolution Services for Commercial Landlords and Tenants

The relationship between landlords and tenants in a commercial building may be regulated not only by the lease agreement, but by local laws. The stakes can be high if there is a dispute.

At Brownlee Whitlow & Praet, PLLC, our lawyers represent landlords and tenants in North Carolina and South Carolina in a broad range of legal areas, including lease disputes.

Commercial Landlord Concerns

Our attorneys have decades of experience in all aspects of commercial leasing, including:

  • Drafting and negotiation of commercial leases based on the specific needs and goals of our building owner/manager and tenant clients — with a clear sense of the value of preventing disputes and solidifying our client’s position if litigation does arise.
  • Filings and follow-through on commercial holdover and eviction proceedings for nonpayment or other causes.
  • Sound, in-depth analysis of all types of existing gross and net leases.
  • Representation of our clients’ positions in negotiations or landlord-tenant litigation over issues such as facility usage, maintenance obligations, security breaches, property alterations, traffic, subleasing and more.

Our experience extends to disputes involving all types of commercial property from shopping centers to office and industrial complexes, as well as condominiums and apartment buildings.

Alternatives to Litigation

The cost of litigation can quickly surpass the likely financial gain in a commercial landlord-tenant dispute. Our years of experience in resolving disagreements allow us to analyze issues, risks, and exposure quickly and correctly. Litigation is always a last resort. We consider alternative dispute resolution techniques such as negotiation, mediation, or arbitration. If litigation is necessary to protect your interests, however, we have a track record of success in the courtroom.

Tax-deferred 1031 Exchanges

The experienced real estate lawyers at Brownlee Whitlow & Praet, PLLC offer representation to individuals and companies in North Carolina and locations worldwide interested in leveraging a commercial or residential real estate investment through a 1031 tax-deferred exchange.

Maximize the Long-Term Value of Investments Through 1031 Exchanges

A 1031 exchange allows our U.S. and foreign clients to defer the tax burden of realizing substantial returns on real estate investment by applying equity toward the acquisition of real property for similar investment purchases.

The tax law governing real estate investment and 1031 exchanges can be complex, especially for foreign investors. Contact our Raleigh office today to schedule an exploratory conference with an accomplished real estate attorney who can help you understand your options in this process.

Experienced Representation in Real Estate Investments

We can act decisively to protect your rights and interests in an important real estate investment. Our accomplished real estate attorneys represent diverse clients from foreign investors in commercial properties to private owners of residential real estate in need of experienced guidance in accomplishing a 1031 tax deferred exchange.

Many of our clients at Brownlee Whitlow & Praet, PLLC have second homes that were purchased, at least in part, for investment purposes. Real estate exchanges allow our clients to continue to grow the value of their investment, even in today’s volatile market.

Commercial Acquisition and Disposition