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Real estate transactions—buying, selling or leasing a home, office, industrial or commercial building or property—represent a substantial investment that is often the most financial interest for a family or a business.  For over 40 years, Manning Fulton’s Real Estate Group has helped clients make successful real estate deals the key to a stronger future.

PRACTICE STRENGTHS

Manning Fulton is widely recognized as one of the leading real estate practices in North Carolina. We provide a full range of services in all aspects of real estate law. We efficiently handle transactions of all sizes and complexities, from traditional purchases, sales, leases and financings, to complex multi-asset transactions involving multiple jurisdictions. We are experienced in acquisitions, dispositions, development, financing, mortgage lending, land assemblage, workouts and restructurings, leasing, brokerage law, foreclosures, and all types of contractual agreements, including construction and architectural contracts.  Our attorneys work with all types of real property including:

• Office buildings
• Shopping centers
• Hotels
• Industrial parks
• Apartment complexes
• Multi-family affordable housing complexes,
• Residential properties
• Condominiums
• Mixed-use commercial and residential developments

To assist with the diverse requirements inherent in such a broad range of transactions, Manning Fulton’s Real Estate Group has ready access to the resources of the entire firm, including lawyers in such legal areas as tax, employment, corporate, bankruptcy and litigation.

OUR CLIENTS

Manning Fulton has handled more than 24,000 real estate transactions and related matters. Our clients are active in all phases of real estate investment, development, financing and operations. They include:

• Commercial and residential developers
• Multi-family affordable housing developers
• Owners of residential properties, hotels, office buildings, shopping centers and malls and mixed use developments
• Commercial and residential brokerage firms
• Real estate investment trusts
• Landlords and tenants
• Local and national banks and savings banks.

Our clients include some of the Southeast’s leading real estate brokers and property management firms, as well as major owners and developers of commercial and industrial properties. Among them are:

• Carolantic Realty
• Highwoods Properties
• Fonville-Morisey Realty, Inc.
• Prestage Farms
• Southern Equipment Company, Inc.

OUR SERVICES

Manning Fulton real estate lawyers work with clients in the following areas:

Purchase and Sale Contracts We represent both sellers and purchasers in the negotiation, review, and drafting of purchase and sale agreements. We work closely with our clients and their tax advisors to structure transactions to minimize adverse tax consequences, and are experienced in handling tax free exchange transactions of all types.

Financing We represent both lenders and borrowers in construction and permanent financing for real estate acquisition and development, including loan commitments, loan agreements and related loan documents.  We have experience in types of real estate lending transactions, including conduit loans and synthetic leases.  In addition, we also represent clients in foreclosures and handling problem loan workouts, including creditor and lender representation in bankruptcy proceedings.

Leasing We have extensive experience representing both landlords and tenants in the negotiation, preparation, and review of a wide variety of leases; office, ground, warehouse, retail, and residential leases and subleases. 
Manning Fulton represents one of the largest developers of office space in the Southeast and one of the major industrial developers in the Research Triangle in lease transactions. We also counsel other building owners, managers and real estate brokers on management and brokerage issues. Our lawyers have handled space leases ranging from several hundred to several hundred thousand square feet, and annually deal with leases involving millions of square feet. These include net leases of entire office buildings and industrial sites and retail leases involving mall tenants and major department stores. In addition, we have substantial experience in dealing with terminations, assignments, subleases, renewals and expansions. 

Title Matters Our team conducts title examinations and assists clients in obtaining title insurance coverage in connection with a variety of transactions, including purchase, sale and refinance transactions. In addition to being approved counsel for every major title insurance company, we represent a number of title insurance companies in connection with title insurance matters. 

Acquisition and Development Manning Fulton represents buyers, sellers and lenders in all aspects of the acquisition, development and sale of commercial real estate.  We assist in transactions involving:

• New construction
• Undeveloped property
• Apartment complexes
• Hotels
• Office buildings
• Malls and shopping centers
• Industrial and warehouse projects
• Mixed-use developments
• Condominium developments
• Single and multi-family residential projects

Our lawyers assist clients with land use and zoning matters, preparation of restrictive covenants and owners associations for both residential and commercial development, and preparation of easement agreements required for such development. We also help clients review and negotiate construction contracts associated with their development projects.

Multi-Family Affordable Housing Projects We represent developers of multi-family housing projects throughout North Carolina. Manning Fulton clients build new complexes and rehabilitate existing sites. Our lawyers assist with land acquisition, negotiating closing construction loans, and closing permanent financing by the U.S. Department of Agriculture, Rural Development and the North Carolina Housing Finance Agency.

Environmental We help clients obtain and review environmental audits of properties so that they can evaluate the potential risks associated with the environmental condition with their purchase or sale.

Advisory Matters We provide ongoing advice to corporations and individuals concerning corporate and partnership structures and procedures, recent case law, local laws, rules, regulations and building codes.

Construction  We work with clients on new construction and renovation of commercial properties including the preparing and negotiating architectural agreements, construction contracts, construction management agreements, and loan documentation. Our lawyers also advise clients about building code and environmental issues which arise in connection with their construction projects.

Zoning matters We counsel clients in local zoning and land use matters, including advice with respect to permitting, subdivision and historic preservation issues.

Foreclosure  We represent financial institutions, other lenders, and borrowers and act as Trustee in foreclosure situations. Our lawyers can handle foreclosures from start to finish, and we counsel our clients on the various intricacies of North Carolina foreclosure law.

Residential We represent individuals, partnerships, corporations and limited liability companies in connection with a wide variety of residential real estate matters, including the purchase, sale, refinance and lease of residential real estate.

Tax Working with tax lawyers, we help clients structure like kind exchange transactions and condemnation rollover transactions, ranging from the straightforward to the complex. We also counsel clients concerning the choice of entity and structure for both investment and development deals. We assist clients with property tax issues as well.

OUR TEAM

Manning Fulton's real estate practice was started by recently retired Charles Fulton, who was recognized by Business North Carolina magazine as the top real estate lawyer in North Carolina. He is one of only two lawyers ever honored by the Real Estate Section of the North Carolina Bar Association for conspicuous services to the real estate profession. Ted Oliver, also known statewide for his real estate expertise and leadership in the Real Estate Section of the North Carolina Bar Association, is now leading the group, which is supported by certified real estate paralegals and other staff. Our team also includes Barry Mann, a former Chair of the Real Property Section of the North Carolina Bar Association, and a Past-President of the Wake County Real Property Lawyers Association.

Our real estate lawyers include two Board Certified Specialists in Real Property Law—Business, Commercial and Industrial Transactions. Current or past positions held by attorneys within our section include:

• President of the North Carolina Bar Association
• Chair of the Real Property Section of the North Carolina Bar Association
• Vice-Chair of the Real Property Section of the North Carolina Bar Association
• President of the Wake County Real Property Lawyers Association
• Adjunct Associate Professor of Law in Real Estate Finance at the University of North Carolina School of Law
• Three lawyers recognized in The Best Lawyers in America ©
• Three lawyers named to Business North Carolina's Legal Elite Hall of Fame after being ranked number one Real Estate attorney in North Carolina

Manning Fulton real estate lawyers, working in partnership with colleagues across the firm, have the experience and the resources to defend your vital interests in real estate transactions of any size as you build a strong financial future.

Real Property Practice Contact Lawyer: Samuel T. Oliver