The Texas Supreme Court, in December 16, 2011, reversed a lower court ruling in favor of Shell Oil Company et al, as Petitioners, in an interesting case where the plaintiff sued Shell Oil claiming that the oil company had underpaid on lease royalties using a scheme which was purposely designed to prevent the lessor, a trust of the Ross family, from discovering the underpayment until the statute of limitations had run out. The court, in essence, held that the lessor had had ample opportunity to discover and realize the error, and demand remedy. Read More...
The Real Estate department of Hornberger Sheehan Fuller & Beiter, Incorporated has extensive experience in all segments of the real estate industry providing expert counsel and representation to developers, purchasers, sellers, investors, landlords, tenants and lenders in connection with the acquisition, development, operation, leasing and sale of all types of properties. Our real estate attorneys counsel clients undertaking large and sophisticated transactions for office buildings, retail centers, hotels, farms and ranches, single family and multi-family residential developments, mixed-use developments, and condominium projects. We regularly facilitate the preparation and negotiation of purchase contracts and sale documents, construction contracts, equity and debt financing, ground leases, space leases and management agreements for varied commercial uses. In addition, we support clients in evaluating and managing environmental risks associated with the acquisition and sale of properties, assisting with the zoning, platting, the subdividing and development process, and the evaluation of curing title matters.
Our attorneys have unique skills in related areas of the law including the structuring and formation of complex partnership arrangements, joint ventures, limited liability companies, corporations, and other limited liability vehicles for the ownership of and investment in real property, as well as the development of properties, including structuring alternative financing arrangements, such as private debt or equity offerings to raise capital for real estate investment.
Commercial Transactions
HSFB real estate attorneys are transaction oriented, striving to be "deal-lawyers" and problem solvers. We find cost effective and creative solutions to even the most complex problems a client may have with any real estate or finance transaction.
HSFB provides a full range of legal services in connection with all real estate and lending matters, including:
- Acquisition
- Disposition
- Traditional Commercial Financings
- Alternative Financing (private offerings of debt and equity)
- Leasing (landlord and tenant representation)
- Development
- Operation and Management
Although our office is located in San Antonio, HSFB provides guidance for transactions throughout Texas and the USA.
Lending
Our Real Estate section expertly represents banks, investment funds and business advisors. We provide strategic and general finance representation to national and local lending institutions, including real estate and asset secured lending for construction and development loans, mezzanine and bridge financings, permanent lending, and revolving credit lines.
HSFB attorneys represent lenders and borrowers in real estate financings related to all types of projects, including the purchase or development of office and retail projects, build-to-suit transactions, condominiums purchases and development, healthcare facilities, industrial and warehouse projects, farm and ranch transactions and multifamily of all kinds.
We have represented both lenders and borrowers in restructuring and workout transactions and are able to analyze the relevant issues quickly and assist in finding solutions beneficial to our clients.
The attorneys at HSFB provide services at every step of a lending transaction:
- Preliminary evaluation and due diligence.
- Drafting, reviewing and negotiating project documents.
- Term sheets.
- Financing agreements and security documents.
- Overseeing the closing process to completion.
The volume, depth and breadth of our commercial lending expertise provides not only the highest level of experience and guidance, but also for streamlined drafting procedures and controlled fees— significant to both our national lendering clients, as well as our many borrower clients.