Real Estate Transactions & Development

The Real Estate attorneys at Robinson, Biggs, Ingram, Solop & Farris, PLLC handle transactions across the Gulf South, from simple closings to complex commercial developments, entity formation, contractual agreements and construction projects.  Whether a shopping center, medical complex, professional office, industrial site or residential community, from the first meeting to the ribbon cutting to expansion or relocation, they get the deal done. 

Commercial Real Estate and Development

Our Commercial Real Estate and Development attorneys bring a wealth of practical experience to the development team, whether the project be a power center, a lifestyle center or a new regional shopping mall. 

We represent national and local developers in all phases of a project’s life, including acquisition, sale, title examination/insurance and curative matters, due diligence, permitting, zoning, entitlements, Tax Increment Financing, Public Improvement Districts, construction and dispute resolution.  We regularly make use of our excellent relationships at the local, state and federal level to secure incentives and public-private partnerships, such as Tax Increment Financing (TIF) and establishment of Public Improvement Districts (PID), and to resolve obstacles that keep our clients’ projects on track. 

Landowners look to us for guidance in selling and purchasing property, or in finding the right developer to partner with in turning raw land into a successful commercial venue.  We regularly assist landowners, both sophisticated and novice, through the letter of intent, contract, due diligence and closing phases of their project.

Tenants, Anchors and Vendors utilize our expertise in putting together the right deal for assorted venues from restaurants to retail, including leases, operating and reciprocal easement agreements, exclusives and prohibitions, restrictive covenants and cross-access easements.

Development partnerships and equity partners look for us for assistance in crafting the right development entity, including establishment of partnerships, corporations or limited liability companies and drafting of related agreements.

National, state and local Lending institutions are among our clients, and rely upon our assistance to successfully arrange and close construction or permanent financing on projects from a simple business loan to a highly complex financing package for large-scale commercial or residential development.

Our attorneys regularly teach and participate in state, regional and national seminars relating to real estate development and finance, and our firm is an active member of the International Council of Shopping Centers and other leading trade organizations.

Residential Development

Residential development is big business in Mississippi, as our unique markets have been undaunted by recent downward trends nationally.  Our Residential Development attorneys cover the state, working on everything from small single-family residential projects to multi-family developments and condominiums to large-scale residential communities with the full range of amenities.

Developers include us on their team for innovative and unique residential projects like Planned Unit Developments (‘PUD’) and cutting edge New Urban projects.  We regularly participate in the planning, research and design phases of our clients’ projects, solving land use issues, title issues, utility and easement issues, contractual issues and all issues relating to homeowner’s associations, restrictive covenants and project management.  We are well equipped to handle complex multiple-lot closings, construction and disputes related to the project including use of mediation, arbitration and, when necessary, litigation.

We assist landowners in subdivision, re-subdivision, zoning, marketing and sale of residential property, including creation of partnerships with developers or equity partners.

Lenders rely upon our experience with construction and permanent financing relating to residential development to make a loan close smoothly, including assistance with due diligence, risk assessment and loan underwriting.

Homeowners are among our clients in their dealings with homeowner associations, subdivision developers, restrictive covenants and intra-owner disputes.  We regularly walk clients through complex documentation associated with modern subdivision residency, but also work with clients in historic preservation districts and blighted areas to seek solutions to the unique challenges they encounter.

Medical Facility Development and Expansion

We understand and appreciate that creation or expansion of a medical facility, whether a hospital, an ambulatory surgical center, a medical office building or a full-scale medical center, is a highly specialized transaction. 

Our attorneys work with public and private hospitals to guide them through the multitude of special challenges they face in facility development.  From the location and assessment of potential sites, to complex land negotiations, to certificate of need (“CON”) approval, to financing and project due diligence, to site development and construction, we under-gird the work of administrators and their development teams with a solid legal framework, while facilitating achievement of goals that make the project a success.

Doctors and other health professionals look to us for guidance and support in structuring and operating their practices in today’s competitive and highly-regulated environment, including establishment of clinics and ambulatory surgical centers.  We take care of legal hurdles, leaving doctors to attend their patients.

Private development companies count on our experience and expertise in partnering with existing medical providers to develop or expand existing facilities.  We work with national and internationally-based companies as they explore, negotiate and consummate development partnerships that meet the goals of all involved, whether through purchase, sale or lease arrangements. 

The Gulf Opportunity Zone Act of 2005 (“GO Zone”)

Since Congress passed the Gulf Opportunity Zone Act of 2005, we have worked with new and existing developers, landowners and other interested parties, including REALTORS®, to facilitate their understanding and utilization of GO Zone incentives available to 49 of Mississippi’s 82 counties.  An integral part of the project team, our attorneys work with clients’ accountants to maximize benefits to the client, from use of the Rehabilitation Tax Credit in restoration of commercial buildings to applications for GO Zone Bonds to qualification of projects for the 50% Bonus Depreciation available under the Act. 

 
Title Insurance and Curative Title Assistance

Our attorneys serve as agents for Chicago Title Insurance Company, a division of the largest title insurer and provider of real estate services in the world. 

We offer a full range of title services for projects across Mississippi, Arkansas and the Gulf South, including title examination and abstracting, creation of accurate and useful title reports, technical analysis of documents of record and interpretive review of all matters affecting title to the property in question, coordination of site inspections and surveys and issuance of title insurance commitments and policies for owners and lenders.  We handle transactions from the most complex, such as multi-million dollar regional shopping malls or medical complexes, to single business transactions from the initial request through a successful closing.  In the process, we guarantee attention to detail and competitive pricing that accommodate our clients’ pro formas.

Our attorneys serve as escrow agents and closing agents for projects of every type, assuring our clients that their escrow agreements are properly drafted and seeing that every minute detail of their requirements are complied with in a timely and efficient manner. 

Curative title assistance services rendered by our attorneys resolve curable title issues within our clients’ strict timelines, facilitating successful and timely closings.  Whether a simple easement or a complex estate issue, title defects and unacceptable title exceptions are dealt with efficiently and in a cost-effective a manner, whether requiring a few simple phone calls or sophisticated litigation in state or federal court. 

Governmental Intervention and Facilitation

Our firm regularly represents clients with special needs or projects in their dealings with local, state and federal governments.  We are problem solvers, whether the issue be an administrative delay or impasse, a request for funds or special accommodation or a need for legislative action.

We regularly make use of our excellent relationships at the local, state and federal level to facilitate successful and timely resolution of challenges relating to permitting, zoning, re-zoning, special exceptions, subdivision, platting, variances, re-subdivision or re-platting and vacation of existing plats, subdivisions or streets, among others.

Ron Farris, a founding partner, draws on excellent relations with local, state and federal officials, including service as a two-term State Senator, during which time he worked on the Budget, Appropriations, Judiciary, Education, Universities & Colleges, Insurance, Highways & Transportation, Juvenile Justice, and Elections Committees; working in Washington, D.C. as a member of a congressional staff; and holding multiple leadership positions within the Mississippi Republican Party.  Ron serves as General Counsel to the Mississippi Association of REALTORS®, and is an active member of the International Council of Shopping Centers and a frequent leader of seminars in the real estate development, land use and financing areas.

Attorneys practicing in this area:

• Ronald D. Farris
• Stan T. Ingram
• Otis Johnson, Jr.
• Mark E. Power, Jr.
• Luther M. Thompson

Related practice areas:

• Business Entities
• Corporate Law / Business Transactions
• Economic Development
• Government Relations
• Health Care
• Land Use, Planning & Zoning
• Oil & Gas – Energy Law & Related Administrative Hearings