Real Estate

Real estate transactions are on the rise, but so are interest rates. An unpredictable global economy – coupled with shifting laws and regulations and an upheaval in trade policy – has led industry participants to take a step back, reassessing their approach to pricing, financing, and due diligence. In this environment, protecting your interests is our most important goal, and we treat each opportunity to work with you with that in mind.

Lenders, investors, owners, and developers need legal counsel that can tell them not only what’s important for a particular deal, but also what’s around the corner. At Smith, Gambrell & Russell, we don’t just see what’s next – we help you map out the road ahead, then lead you to your destination. We do it all with the practical guidance and strategic vision that will keep your investments, operations, and relationships safe for years to come.

Our Capabilities

For years, we’ve worked with clients to seize promising opportunities while navigating turbulent markets and managing risk. Major players in every corner of the industry rely on us for representation, from commercial and investment banks to private lenders, institutional investors, public and private companies, landlords and tenants, and developers. Having negotiated deals from both sides of the table, we understand what’s needed to cross the finish line while keeping your best interests top of mind.

We’ve shepherded a wide range of commercial and residential projects to completion, including office/industrial buildings, medical office buildings, ground leases, residential apartments (particularly condominiums and cooperatives), golf courses, hotels, shopping centers, resorts, and multi-use acquisitions and developments. When we foresee a block in the road related to acquisitions, land assemblages, sales, financing, leasing, construction, or any other aspect of a particular deal, we address it straightaway, making sure you can keep moving forward towards a closing that works for you. We also take a “big picture” look at your portfolio, identifying and executing strategies to maximize your investments by buying and selling distressed real estate-based loans. In summary, we represent clients with complicated transactions here in the United States and overseas and advise on the best steps forward to success.

Our Approach

When millions or billions of dollars are on the line, you deserve every resource we’ve got. By partnering with practice groups across the firm – including corporate, construction, litigation, bankruptcy, intellectual property, and insurance – we provide you with seamless service throughout the lifecycle of your project at an ideal rate. Working with our colleagues, we construct creative solutions to issues related to operating and partnership agreements, joint ventures, tax implications, governmental and regulatory matters, construction, zoning, land use, and environmental laws and regulations.

Through proactive action and clear communication, our team’s goal is to resolve problems before they land on your plate. Responsiveness is our watchword. Wherever we are in the process of structuring, negotiating, or closing your deal, you’ll know – and you’ll also know what we’re doing to safeguard your finances and interests. Combining deep technical knowledge of financing acquisitions and development with decades of practical experience, we help you get deals done on time, on budget, and in service of your long-term goals.

Our Credentials

We are a national force in the real estate industry. Having handled transactions in more than 30 states across the U.S., our Chambers-ranked team can provide “boots on the ground” wherever you need them. This experience gives us insight into the nuances of local markets, jurisdictions, and laws and regulations, plus a strong network of contacts that can assist us in acquiring key approvals. Whatever deal you’re looking to make, we’ve likely done it. Our team includes former developers, city planners, accountants, business owners, and general counsel, which means we understand the nuances of these transactions as well as their stakes. We can explain macro-level economic trends just as easily as the opportunities and limitations of a specific property.

What We Do

Core Commercial Real Estate
When you need to acquire, finance, sell, or dispose of real estate assets or property portfolios, we’re there to assist, drawing on our vast experience across the commercial real estate industry. We quarterback transactions from beginning to end, first advising on the structure and costs associated with a proposal, then drafting and negotiating loan documentation (including agreements, applications, commitments, security instruments, promissory notes, and tenant estoppel certificates), as well as commercial leases. Our tax practitioners provide conscientious federal, state, and local tax planning to minimize your tax burden and avoid any future restructuring. We also handle any workout, recovery, and bankruptcy situations (including commercial foreclosures) when they arise. In the event of a dispute, we’re ready to sort through complex contractual provisions and protect your interests, either at the negotiating table or in court.

Development
Commercial real estate development is a cornerstone of our practice. We’ve overseen countless large-scale commercial, mixed-use, and industrial developments nationwide, providing practical guidance on operating entity formation and capitalization, project financing, construction contracting, investor relations, project planning, and project documentation. Our zoning, planning, and land use capabilities are extensive. We assist with issues such as applications for re-zonings, variances, special use permits, building permits, subdivision and plat approvals, and land use and eminent domain litigation. When development kicks off, we call on our colleagues in the firm’s Construction practice to walk you through the decisions that determine your success, from concept through completion. In the realm of environmental law, we handle the full spectrum of permitting and compliance issues – involving land and water use, air emissions, wastewater discharge, water supply, solid and hazardous waste disposal, and underground storage tanks – as well as toxic tort litigation, cleanup litigation, and enforcement actions.

Complex Project Structuring
Our objective is to make complex projects easier and seamless to close. Whether you’re looking for your first or your twentieth production facility, we help you locate potential sites and evaluate all the key factors: labor and utility availability, customer profiles, transportation logistics, economic incentives, and more. Once you’ve decided on a site, we work with you to formally structure the project, preparing and negotiating joint venture deals, REITs and real estate funds, and other investment tools, as well as development-related instruments such as project declarations and easements. Our ability to efficiently structure and oversee complex projects consistently sets up our clients for success.

Financing and Project Finance
No fund is too complex – or too specialized – for us. From inception to management and closing, our team delivers comprehensive solutions that meet your legal, business, tax, and investment goals. Drawing on our deep knowledge of both U.S.-based and international markets, we help clients form funds and trusts; identify and capitalize on local, state, and federal incentive programs; set up credit tenant leasing structures; obtain private placements; and navigate specialty finance transactions.

Industry Specializations
We’ve made a name for ourselves serving clients in the following industries:

• Data centers and digital infrastructure
• Energy
• Electric vehicle/battery cell storage sites
• Financial services
• Franchising
• Healthcare and medical
• Manufacturing
• Timberlands