Real Estate

ScottHulse PC’s real estate practice group is highly sought after for our comprehensive understanding of the intricacies of real estate law in the West Texas, Mexico, and Southern New Mexico Borderplex region. Having worked with real estate developers, lenders, investors, builders, municipalities, end users, and real estate brokers, we recognize the different perspectives and motivations that accompany a transaction, and thoughtfully develop a strategy that fits each project. We efficiently and expertly guide our clients through all aspects of a real estate transaction including the acquisition, financing, development, leasing, management and sale of improved and unimproved real property. Additionally, we regularly assist property owners in all stages of the land development and land use entitlement process, including platting, zoning, tax abatement, enterprise and foreign trade zone matters and representation before governmental boards and commissions. Our commitment to thoroughness results in successful, high-quality transactions for our clients — both for investors and for lenders.

Our real estate attorneys have experience with the following:

Drafting, reviewing, and negotiating commercial leases
Property Acquisitions & Dispositions
Due diligence investigations to identify risks and liabilities
Development Agreements
Construction Projects
Property Tax Appeals
Loan Closings and Modifications
Foreclosure
Deed in Lieu
Zoning and Variances
Subdivision Platting
Environmental Compliance
Property Disputes
Construction Litigation
Eminent Domain

Select Representations:

Representation of privately held real estate investment trust in the acquisition of some of El Paso’s largest high-rise office towers and in the acquisition of historic downtown landmark properties acquired for restoration and redevelopment.
Representation of the largest land developer in El Paso County, Texas, in the development of integrated, mixed-use retail centers, including sales to major anchors, negotiation of joint development agreements among the anchors and pad site users, and ground leases with major national tenants on the pad sites.
Representation of the largest land developer in Las Cruces in connection with the development of numerous major mixed-use development projects in the main Las Cruces growth corridor ranging in size from 8- to 10-acre office/retail projects to 100-acre-plus mixed-use commercial and multi-family housing (apartments and condominiums) projects.
Representation of national development companies and brokers in connection with private sector real estate projects on Fort Bliss, Texas, military installation including structuring of transactions and advice as to applicable legislative jurisdiction for private real estate projects on a federal enclave. This advice was essential in determining the applicability of state and local laws to development projects on a federal enclave, including building codes, minimum wage, state real estate licensing (broker) statutes and, importantly, applicability of state and local taxes to private real estate developments on federal lands. These projects involved coordination with army and other governmental agencies, including the office of the Fort Bliss Staff Judge Advocate.
Representation of national real estate development company on multiple projects in numerous states with respect to acquisition of development sites and with to respect to various types of financing, including construction financing, permanent financing and structured project financing.
Representation of developers in turn-key condominium developments for office condominiums and resort condominium projects.
Counsel to U.S. corporations and individuals in the acquisition of real estate (condominiums and vacation homes) throughout important vacation spots in Mexico through the appropriate Mexican trusts (FIDEICOMISOS) and contracts with purchase prices that have ranged from $500,000 to $3,000,000.
Representation of major hotel developer and franchisee in the development, financing and ultimate sale of national all-suite hotel chain within a development area that included Texas, New Mexico, Colorado and Arizona.
Representation of owners and developers in contested zoning, rezoning, site plan approval and other governmental land use proceedings.
Representation of numerous hospitals, manufacturers, retail operators and other companies in the negotiation of tax abatement agreements and other incentive programs with local governmental authorities, as well as local and regional developers in the negotiation of tax increment financing districts and development agreements (sales tax rebates) with local governmental bodies.
Representation of seller of regional retail convenience store chain regarding all real estate matters connected with the sale.
Representation of non-profit community foundation in connection with the largest historic renovation project in the history of the Borderplex region.