Real Estate

Thompson Coburn understands the unique and complex challenges facing the real estate and construction industries. By combining seasoned trial attorneys with deep experience in real estate and construction disputes and leveraging the knowledge of attorneys in related areas, we provide clients with cutting-edge, practical solutions to meet the increasingly specialized needs of their industries.

Our team is equipped to handle a wide spectrum of issues, from routine mechanics liens and landlord/tenant matters to sophisticated contract disputes, land use and zoning challenges, and eminent domain cases. This interdisciplinary approach allows us to address all aspects of project development, from land acquisition and design to construction, contract negotiation, claims resolution, and litigation. Read more here.

Thompson Coburn’s real estate team partners with developers, investors, corporate entities, and institutional owners to navigate the complexities of acquiring and selling commercial, industrial, retail, office, and multifamily properties. With a practice that spans national and international markets, we provide strategic guidance at every stage of a real estate transaction.

Our attorneys bring deep experience to a wide range of transactions, from the sale of shopping centers featuring diverse retail tenants to environmentally sensitive industrial sites. We’ve guided investors through intricate tax-deferred exchanges and facilitated the purchase and sale of multifamily apartment buildings. Additionally, our team has cultivated niche expertise, including representing data center owners and assisting clients with acquisitions of continuum-of-care campuses—spanning independent living, assisted living, and skilled nursing facilities.

Our Real Estate practice group represents landlord and tenant clients across the country in virtually every type of commercial lease matter, including office, retail, commercial, manufacturing, industrial, and ground lease transactions. Our real estate attorneys have developed long-term relationships with several national retail brands, international corporations, institutional investors, and all types of entrepreneurial and smaller business ventures, and we regularly assist with their leasing needs.

Thompson Coburn has long-standing relationships with many of the major U.S. and international banks and has represented them in loan transactions and related matters throughout the country.

We represent financial entities in all aspects of real estate lending and finance, including construction lending, commercial financing, acquisitions financing, and special asset services. We have negotiated loan documents on behalf of our lender clients with respect to office buildings, shopping centers, industrial sites, retail and mixed-use developments, condominium developments, residential and commercial subdivisions, and undeveloped land. The firm also has negotiated construction loan packages, loan workouts, and debt restructuring agreements and conducted foreclosure sales on behalf of our lender client base

Our team is committed to the support of affordable housing initiatives and offers comprehensive legal services related to its development, financing, and preservation. These include:

• Low-Income Housing Tax Credits (LIHTC): We help structure and close LIHTC transactions, working with developers, investors, lenders, and syndicators to maximize tax benefits.
• Public Finance: We counsel on the issuance of revenue bonds and other public financing mechanisms to support affordable housing development and have extensive experience working with housing finance agencies and other public entities.
• Real Estate Development and Financing: Our attorneys advise on all aspects of real estate development, including site selection, acquisition, financing, construction, and property management. We also help clients secure financing for affordable housing projects including via low-income housing tax credits, public housing bonds, and private equity.
• Tax Structuring: We can help structure tax-efficient transactions to maximize the benefits of affordable housing development.
• Lobbying: Our dedicated lobbying team can help to advance affordable housing initiatives by advocating for favorable legislation, opposing harmful policies, and building relationships with policymakers.

• Represented a large bank with respect to a $50 million construction loan line of credit facility with a developer of retail stores across the U.S.
• Represented a bank in closing on a $19 million construction loan for a mixed use including 60+ multifamily units and ground floor commercial.
• Closed a land acquisition for a client to develop an industrial facility in a deal that required coordinating with a transit authority to secure access rights.
• Represented buyers in connection with acquisitions of multiple multifamily apartment buildings in Chicago.
• Represent a global industrial organization in its multimillion-dollar portfolio of new leases, extensions and expansions on a national basis.
• Represented a bank in a syndicated construction loan it led for the acquisition and development of a large student housing development.
• Worked with a financial services client to close a construction loan for a cold storage distribution warehouse and truck maintenance and facility storage.
• Closed a 435-property transaction with properties in 11 states and Puerto Rico.
• Helped a developer in the acquisition of multiple properties in Wisconsin for the development of student housing.
• Closed on construction financing of a multi-use residential project in a Los Angeles neighborhood.
• Represented U.S. Bank in hundreds of real estate matters across the country. This work includes traditional lender representation in commercial lending as well as counsel to a division of U.S. Bank in dealing with New Market Tax Credits and related incentives.
• Multi-property/multi-parcel transactions for a nationwide fast food chain totaling hundreds of transactions.
• $85 million in office building purchase transactions for an expanding national company within a limited timeframe.
• $60 million, four-property transaction for a national discount broker for use in expanding its operations.
• $100 million multistate, multi-property real estate portfolio transaction as part of a strategic corporate acquisition.
• Experience in data center development, financing and operations.
• For a major industrial rail company, negotiated and closed an asset sales agreement including industrial buildings and a demolition agreement involving substantial governmental and environmental compliance issues.
• Adaptive reuse of an historic warehouse building into 150+ dwelling units/commercial space. Work included the land use entitlements, historic preservation work and assistance on economic stimulus incentives.
• Obtained entitlements for a large near-downtown parcel that was being converted from railroad land to a major residential and commercial development of over 800 rental units. The work included significant transportation issues to accommodate a future speed rail line.
• Market rate residential development with low income component in all phases including acquisition, land use entitlements and TIF district incentives.
• Land use approvals for a 71-acre medical campus.

Commercial Acquisition and Sale

• Represented a client in the $50 million sale of an office building in Orange, California.
• Represented a major financial services company in the acquisition of a major office building in St. Louis.
• Represented the lender in an acquisition and construction loan to acquire and rehabilitate an existing supportive living facility in northern Illinois. We closed in a tight timeframe and were able to work with the property owner, seller and property operator on mutually agreeable documentation on all facets, including the subordination of seller financing.
• In a complex three-year matter that involved obtaining a TIF from the City of Chicago, we represented a client in the acquisition of $45 million in loans collateralized by eight retail property sites. The transaction included due diligence of all eight properties, deed-in-lieu agreements, deed-in-lieu-of foreclosure, and the sale of three properties.

Real Estate and Construction Litigation

• Represented the developer of new $70 million mixed-use development in St. Louis with a major national retailer, apartments and a parking garage.
• Represented the buyer-developer in the acquisition of a property and the negotiation and closing of a $50.8 million construction loan for a new student housing facility at a public university in Ohio.
• Represented the lender in a construction loan for rehabilitation of an office building in downtown Milwaukee. We collaborated with borrower and developed mutually agreeable resolutions for retrofitting an office building for use by a medical provider.
• Represented the developer of a $66 million apartment complex project in the City of St. Louis.
• Represented a national financial institution in a construction loan to the developer of an 80-unit transit-oriented low-income housing project in Los Angeles.
• Represented the lender in a construction loan for the construction of a 164-unit low-income multi-family apartment complex in New Orleans secured in part by federal low-income housing tax credits.

Real Estate Commercial Leasing

• Led over $2 billion of sale/leaseback work across the United States.
• Led the negotiation of a build-to-suit lease for the new corporate headquarters of a major agricultural banking entity. The transaction involved the negotiation of a Chapter 100 lease with the county, pursuant to which the landlord will receive certain tax abatement which will be passed on to the client in the form of reduced additional rent.
• Represented a major California telecommunications company in a $30 million sale and partial leaseback transaction.
• Negotiated an $8 million lease for new fast-casual restaurant at a premier shopping center in Tampa, including special signage requirements and details.
• Advised a major financial reporting company on their office leases across the country. For one location in central California, we drafted and negotiated a $10 million lease extension and expansion amendment that included a tenant improvement allowance, anchor tenant signage rights on the building, further expansion and extension options, a termination option, common area upgrade work and the addition of certain tenant amenities.
• Represented a shopping center landlord in connection with the 10-year lease of a retail facility to a blood plasma collection company. The unique use of the premises as a blood plasma donation center required extensive negotiations regarding satisfaction and compliance with other exclusive uses in the mall, along with compliance with the shopping center declarations and covenants.

Real Estate Financing and Capital Markets Services

• Represented the lender in an $83 million acquisition and construction loan.
• Represented a bank in a $58 million construction loan for the acquisition and development of property in northern California for a 90,000-square-foot building for a federal agency.
• Represented the lender in a construction loan for the development of two parcels of prime real estate in Missouri. The borrower is developing a $41 million, six-story, 210,000-squarefoot-building that would include apartments, street-level retail and below-grade parking spaces. The property is part of a CID (Community Improvement District).
• Represented the lender in a construction loan for a 225-unit multifamily development located in Iowa. The project was unique because the borrower qualified for two Iowa tax incentives, the Iowa State Workforce Housing Tax Credit and a 10-year partial property tax abatement.
• Represented a national financial institution in a construction loan to the developer of an 80- unit transit-oriented low-income housing project in Los Angeles.