Real Estate

Experience

  • Corporate Relocation

    Represented a publicly-traded manufacturing and distribution company in the relocation of its corporate headquarters from California to Texas, where it constructed an approximately 550,000

  • Lender Representation

    Represented a privately-held real estate lending company, and its affiliates, in connection with programmatic hospitality, multifamily and condominium loans across the United States in

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Overview

From manufacturing, health care and transportation to retail, energy and financial services, real property can create risks, opportunities and a competitive advantage for practically every industry. It is because of this broad impact that Munsch Hardt’s Real Estate capabilities have been a cornerstone of the Firm since its inception. Not only do we offer our clients one of the largest teams of pure Real Estate attorneys in the Southwest, but our extended, multidisciplinary team is positioned to advise clients with regard to the entire spectrum of their real estate-related legal needs – construction, financing, joint venture structuring, real estate-related disputes, tax incentives, distressed assets and more.

Whether a project focuses on a single office location or the need for distribution centers around the country, we are committed to providing the same level of sophistication and responsiveness to every project. Our clients frequently include public and private companies, banks, private equity firms and other financial institutions, mortgage bankers, equity participants, REITS, developers, contractors, landlords, tenants, operating and services firms, design professionals, consultants, governmental entities and nonprofit institutions.

By working seamlessly together, we are able to provide such clients with efficient and cost-effective services from every angle. Our core competencies include the following practice areas:

Bankruptcy, Restructuring & Insolvency

Recognized by Chambers USA, our Bankruptcy, Restructuring & Insolvency attorneys have extensive experience representing all major constituencies in bankruptcy, restructuring and insolvency matters. They are adept at every facet of the bankruptcy and restructuring process, which allows our clients to better evaluate possible outcomes, develop strategies, assess risks and ultimately plan for the future.

Corporate & Securities

We represent dynamic, growing businesses in transactions and other matters that are critical to their success. Our services include mergers and acquisitions; venture capital; private equity; family office investments; business succession planning; technology contracts and intellectual property licensing; corporate governance and special board committees; securities offerings and capital raises; outsourced counsel services; executive compensation; joint ventures; and transactional tax planning and tax controversies.

Environmental

The environmental condition of a property is an important consideration in commercial real estate. We help clients analyze the environmental risk a property may pose and how to mitigate that risk by proper due diligence; management of conditions; protective language in Asset Purchase, Sales and Acquisition Agreements; or insurance. We also forecast how best to position the property to limit or eliminate ongoing involvement and residual liability upon sale, and to obtain agency approvals letters when necessary. A significant value-added aspect of our work involves the Firm’s Condemnation & Eminent Domain practice.

Finance

When clients partner with Munsch Hardt, they partner with some of the best and most experienced finance attorneys in the industry. In fact, there are few law firms involved in as many complex lending transactions as Munsch Hardt. Our Finance attorneys represent lenders from a variety of disciplines within the industry, including banking institutions, non-regulated lenders, private equity and hedge funds, as well as domestic and foreign financial institutions in a broad range of transactions.

Immigration

Our Immigration attorneys assist real estate companies and investors with immigration benefits applications for foreign nationals, as well as immigration compliance.

Labor & Employment

Our Labor and Employment attorneys are experienced in assisting clients with labor and employment-related issues associated with real estate-related transactions and property management. On the labor side, our attorneys address traditional labor issues involving double-breasting, multiemployer withdrawal liability issues, collective bargaining, project labor agreements, OSHA and unfair labor practice claims. On the general employment side, we counsel clients on hiring, firing and disciplinary decisions, drafting of employee handbooks, interpretation of wage and hour laws, Equal Employment Opportunity Commission (EEOC) compliance, Family and Medical Leave Act (FMLA) leave and disability/accommodations, Americans with Disabilities Act (ADA) access matters, employer issues associated with business transactions and workplace harassment and training programs.

Litigation

Munsch Hardt offers commercial real estate owners, lenders, developers, landlords and tenants significant expertise handling complex real estate and construction litigation matters. With a dozen seasoned attorneys focused almost exclusively on real estate litigation, we have built an impressive track record for successfully litigating the following disputes: 

  • Contract disputes
  • Partnership disputes
  • Debt and collateral recovery
  • Real Estate Finance disputes
  • Easements
  • Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Condemnation & Eminent Domain
  • Title insurance and title disputes
  • Foreclosures
  • Tortious interference
  • Fraudulent transfer
  • Trespass and nuisance claims
  • Zoning & Land Use
  • Wrongful foreclosure actions
  • Mechanic’s lien claims

Real Estate

Munsch Hardt proudly houses one of the strongest real estate practices in the Southwest, comprised of more than 30 real estate attorneys who truly do it all. Our team of attorneys focus their practices exclusively on commercial property transactions, including acquisitions, dispositions, developments, financings, construction, leasing, zoning and workouts. Additionally, the breadth of our practice enables us to cross boundaries from office, retail and industrial to hospitality, multifamily, senior living and student housing projects. While many of our clients' transactions are Texas-based, companies and investors throughout the United States, Mexico, South America and the Caribbean entrust Munsch Hardt with their largest and most complex real estate endeavors.

Tax

The structuring of any real estate transaction frequently requires input from our Tax attorneys. Tax considerations, both from federal and state perspectives, often include the choice of entity to hold the project, use of debt or equity to finance the project, use of carried interests or “promote” structures to incentivize services partners or key employees, structure of the project sale as a taxable or tax free Section 1031 or “like-kind” exchange, among others. These issues may be impacted by the participation in the project by tax-exempt investors or foreign investors. 

 

Munsch Hardt also offers an extensive practice in the affordable housing, historic rehabilitation and community development areas, representing both capital providers and development sponsors for tax credit projects located throughout the United States. By actively utilizing New Markets Tax Credits (NMTCs), state and federal Historic Tax Credits (HTCs), and Energy Tax Credits – often in combination with each other and with other tax credit incentives – we have helped clients finance a diverse range of projects, including charter schools, theaters, mixed use projects, hotels and nonprofit community centers.