Find Lawyers in Greenville, South Carolina for Real Estate Law
Practice Area Overview
Real estate law refers to the body of laws that govern the buying, selling and leasing of property.
These laws cover a wide range of legal issues related to real estate transactions, including financing transactions, environmental law and title searches. Real estate laws and regulations vary from state to state, with some requiring a real estate license to buy or sell property. Attorneys in real estate law can help with issues that a real estate agent can’t.
Hiring a real estate lawyer or real estate law attorney can be essential for navigating the legal complexities of a home purchase or sale. Law firms specializing in real estate law can assist with legal issues related to real estate transactions, such as reviewing contracts and conducting title searches.
Real estate lawyers or attorneys are also typically involved in representing clients before the real estate commission or title company. Law school courses often cover real estate law, as it is an essential aspect of many legal practices. A full-service real estate law firm should have expertise in these areas:
Sales and Acquisitions
The representation of buyers and sellers in the acquisition and disposition of the various kinds of real estate including office buildings, retail centers, hotels, industrial properties, residential properties and manufactured housing communities.
Real estate attorneys can be equally essential whether the transaction is for residential or commercial property.
The examination of title to real estate, evaluation of title exceptions and negotiation of title insurance policies.
Land Use and Environmental
Land use entitlements, due diligence investigations, Brownfield developments and compliance with Environmental Laws and federal and state Endangered Species Acts.
The negotiation and preparation of development and construction agreements and the other documents required to develop and construct office buildings, shopping centers, mixed-use projects, free-standing units and industrial sites.
The negotiation and preparation of office, retail and industrial leases and long-term ground leases. A real estate lawyer may assist with:
- Drafting and reviewing lease agreements.
- Negotiating lease terms.
- Ensuring compliance with laws and regulations.
- Dispute resolution.
- Lease modifications and renewals.
- Handling lease terminations and evictions.
- Advising on subleasing and assignment.
The representation of lenders and borrowers in real estate secured loan originations, loan sales and purchases and other debt arrangements, including:
- Permanent financings.
- Construction loans.
- Bridge loans.
- Conduit loans.
- Mezzanine loans.
- Shared appreciation loans.
- Portfolios of non-performing loans.
A very large proportion of real estate transactions involve joint ventures between capital sources and developers. Therefore, a real estate firm must be in a position to structure and negotiate partnership agreements, limited liability company operating agreements, shareholder agreements and other forms of joint venture arrangements and advise on the tax aspects of the transactions.
Restructuring and Workouts
Not all real estate transactions are successful. Real estate lawyers, therefore, must be in a position to advise lenders, borrowers, partners, landlords, tenants and developers when a transaction goes bad.
This type of real estate law may involve transactional, bankruptcy, tax and litigation work. Restructuring and workouts often include:
- Loan modifications.
- Deeds in lieu of foreclosure.
- Discounted loan payoffs.
- Loan forbearances.
- REO sales.
- Joint venture modifications.
- Forced sales.
- Lease and development modifications.
- Receivership actions.
- Guarantee actions.
Litigation in the real estate area involves the representations of real estate owners, buyers, sellers, lessors, brokers, lenders and developers in, among other things:
- Contract disputes.
- Mechanics lien and construction disputes.
- Eminent domain proceedings.
- Title disputes.
- Loan service.
- Foreclosure issues.
Bud McDonald has practiced real estate law in the Greenville area for nearly 40 years. He has handled numerous transactions involving the purchase, sale, financing and leasing of real property. Mr. McDonald is also a member of the American College of Mortgage Attorneys. He regularly serves as lenders’ counsel in mortgage-related transactions for leading regional and national financial institutions. He also acts as South Carolina counsel in multistate loan transactions involving industri...
Jack McDonald PARTNER Jack McDonald ‘s practice is primarily focused on real estate transactions. He represents buyers, sellers and lenders in residential and commercial transactions. He also represents creditors in foreclosures and collection actions and handles probate and estate matters. Jack graduated from Clemson University in 1995 with a Bachelor of Arts in History. In 2000, he received his Law Degree from The University of South Carolina and was admitted to the practice of law in...
Megan represents clients in complex real estate transactions, focusing her practice on the acquisition, development, leasing, disposition and private equity and/or commercial financing of all types of commercial properties, including horizontal and vertical mixed-use projects, retail and office parks, apartment complexes, residential subdivisions and other planned communities.
Meg Scoopmire is the co-leader of Haynsworth Sinkler Boyd's Real Estate Team and works in the firm's Greenville office. Meg assists clients in negotiating purchase and sale agreements, coordinating and reviewing due diligence materials and closing transactions. Meg also advises clients on title matters, permitting and entitlement, financing, leasing, acquisition, and disposition.
Seth Swan is a real estate, finance and business lawyer in Haynsworth Sinkler Boyd's Greenville office where he focuses on all aspects of commercial real estate and financing transactions. His clients include developers, investors, buyers, sellers, landlords, tenants, lenders and borrowers. He also advises clients on general corporate matters, including choice of entity, corporate structure and governance documents.
A founding partner of Bannister, Wyatt & Stalvey, John F. Wyatt has practiced law at Bannister, Wyatt & Stalvey since its inception. Mr. Wyatt graduated from The Citadel in 1967 and received his J.D. from the University of South Carolina in 1970. He was admitted to the South Carolina Bar in 1970 and the U.S. Court of Appeals Fourth Circuit in 1974. Mr. Wyatt served as a captain in the U.S. Army from 1967-1975. He was born in Greenville in 1944 and has received a listing in Best Lawyer...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.