Multifamily Real Estate

Womble Carlyle’s Multifamily Real Estate Team routinely serves as lead counsel for signature rental and for-sale residential communities, as well as large scale mixed-use developments with significant multifamily components. Through this experience, we have a command of the issues involved in complex multifamily transactions and the operational challenges faced by our clients. We understand that each multifamily development has its own distinct set of issues, and we proactively find creative and innovative solutions to address them throughout the life cycle of a multifamily asset.

We provide legal advice from a business perspective concerning all phases of multifamily deals, including structuring, negotiating and documenting the associated acquisition and finance transactions, navigating clients through setting up joint ventures for required equity, performing and coordinating due diligence. Should the need arise, we also assist our clients in litigating any disputes.

We also advise our clients on occupational safety and health issues under state and federal law, as well as dealing with questions of compliance with the Fair Housing Act and its disability amendments, the Americans with Disabilities Act, and similar state and local legislation and regulations impacting particularly on the multi-family industry. In that regard, administrative proceedings and litigation are often a part of the landscape, and we are positioned to guide our clients through the often-conflicting requirements of the law while maintaining a focus on operational and economic interests. We can provide training and assessments in these and related areas, understanding that on-site personnel may be required to have access to experience in a multitude of disciplines and that partnering with experienced counsel is a cost-efficient way of doing business. We work hand-in-hand with our attorneys and professionals who are proficient in environmental regulation and litigation to afford coordinated and effective client service.

Our Multifamily Real Estate Team handles transactions on a national basis. We represent a broad array of multifamily clients, ranging from local and regional developers operating in their home markets to large national REITs that are developing and acquiring communities across the country. We also represent foreign investors in acquiring U.S. assets.

Representative Transactions:

  • Represented the lead multifamily developer in the mixed-use redevelopment of Rockville Town Square through a private/public partnership with the City of Rockville. Transaction included senior mortgage debt and mezzanine financing with multiple lenders and drafting as well as negotiating design-build and general construction contracts.
  • Assisted developer/borrower in the restructuring of a $300+ million joint venture portfolio involving 7 multifamily communities in multiple states.
    Served as lead counsel to multiple developers in connection with separate multi-million dollars mixed-use, transit-oriented developments in the Washington, D.C. Metropolitan area.
  • Advised numerous developers and borrowers under the Fannie Mae Delegated Underwriting and Servicing (DUS) product line.
  • Negotiated with Freddie Mac, Fannie Mae and other institutional lenders on behalf of a private equity fund established by a publicly traded REIT in an ongoing series of financing matters for multimillion dollar multifamily community acquisitions.
  • Represent as lead counsel to public REIT in multi-million dollar development transactions throughout the Mid-Atlantic region.
  • Represented a multifamily developer in a $50 million acquisition of a multifamily community subject to existing FHA Section 221(d)(4) loans.

Our Multifamily Real Estate Team combines the following experience into a one-stop package for property developers and owners:

  • Real Estate Development
    - Asset Management
    - Property Management
  • Capital Markets
  • Construction Law
  • Corporate and Securities
  • Business Litigation
  • Labor and Employment
  • Tax
  • Environmental
  • Indoor Environmental Quality Practice
  • Employee Benefits
  • Communications
  • Real Estate Technology
  • Bankruptcy/Workouts
  • Products Liability
  • Government Relations
  • Strategic Communications