Real Estate Law

Our firm represents both individuals and businesses in the acquisition and disposition of improved and unimproved property, including the negotiation and purchase or sale of the property, performance of title examinations and survey reviews, assistance with due diligence items, negotiation of financing arrangements and terms, issuance of legal opinions, and assistance in developing the acquired property for its intended uses.

Our firm represents real estate professionals throughout Texas.

• Brokerage Start-Up and Licensing – We attend to the unique issues in forming a real estate brokerage, including assistance and advice on business structure and entity formation, selection of professional liability insurance, broker licensing issues, and other legal issues that arise in the start-up of a real estate brokerage firm.
• Listing / Brokerage Agreements – We prepare and review listing / brokerage agreements for real estate professionals and real estate purchasers.
• Brokerage Compliance Issues – Our attorneys will meet with brokers and help prepare office policies and procedures to help brokers comply with the Texas Real Estate License Act and other complex and changing federal, state and local regulations.
• Broker’s Liens – A Commercial Broker’s Lien is a way to protect a broker’s commission in a commercial transaction. We can advise when a Commercial Broker Lien is appropriate and can help clients meet the technical requirements for preparing and filing a claim.
• Agent/Broker Liability Issues – We assist brokers and agents with claims or other allegations of wrongdoing, including breach of fiduciary duty, misrepresentation, failure to disclose defects, or fraud.
• Commission Issues – We assist our clients with the collection of or other disputes concerning real estate commissions and fees.

Bourland, Wall & Wenzel’s real estate attorneys counsel businesses and owners throughout the country on real estate transactions that occur as clients grow, move or acquire real estate for investment purposes, including acquisitions and sales, mergers, easements, licenses and development.

Our firm represents clients in connection with the development of property throughout Texas, including commercial, multifamily, and mixed-use projects. From small projects to large, we assist developer clients in every aspect of the development process.

Our firm represents clients in farm and ranch real estate transactions. Our firm has experienced attorneys assisting clients in matters including, but not limited to, acquisition, sale, negotiation and drafting of real estate contracts, title review, survey matters, warranty issues, construction matters, negotiation of construction contracts and architect agreements, review and negotiation of lending documents, preparation and negotiation of leases, including grazing and hunting leases, work in connection with mechanic’s and materialman’s liens, condemnation, agricultural exemptions, and other related matters.

We have extensive experience in assisting clients with the preparation and negotiation of commercial leases, as both the landlord and the tenant. Additionally, our firm has advised numerous clients regarding issues that arise as a property manager. We also have experience in the particular issues that arise in the management of jointly owned property including negotiation and preparation of joint management agreements and implementation of management strategies for the effective and efficient operation of properties owned by more than one party.

Our firm has extensive experience in representing borrowers in the negotiation and structuring of financing arrangements for the acquisition of real property, including experience in negotiating financing terms with banks and other third-party lenders. In addition, our attorneys have significant experience in reviewing and advising on joint ventures and private equity funding structures and all aspects of the capital stack. Our lawyers additionally are experienced in matters such as foreclosures on real property and personal property, mechanic’s liens, workouts and other lien issues.

Our firm’s real estate litigation practice combines the firm’s experienced litigators with the firm’s knowledgeable real estate attorneys to represent buyers, sellers, tenants, landlords, land owners, and secured parties in various disputes before trial and appellate courts and in various alternative dispute resolution forums. Our firm’s real estate litigation practice handles a wide range of real property disputes, including:

• Commercial landlord/tenant disputes
• Disputes over construction defects
• Foreclosure
• Contract disputes involving the sale of real property
• Property tax disputes and tax exemption issues
• Premises liability disputes
• Lis pendens issues
• Specific performance actions
• Quiet title and ejectment actions
• Forcible entry and detainer actions
• Disputes over the existence and use of easements and rights of way
• Mechanic’s liens disputes
• Title insurance claims

Our lawyers are experienced in the negotiation and representation of clients in all aspects of residential and commercial construction. This includes representation of various construction companies and subcontractors as well as representation of those parties that are contracting for the construction to be performed. Our lawyers have extensive experience with AIA contracts as well as other industry and trade group construction contracts. Additionally, our lawyers regularly prepare construction agreements to meet our clients’ particular needs.

Our firm’s real estate attorneys and tax attorneys coordinate closely on assisting individuals and entities in a wide range of like-kind exchange transactions. Our attorneys assist investors in the structuring of ownership to facilitate like-kind exchanges and have experience in advising clients and their accountants through the issues associated with correctly completing the like-kind exchange transaction.