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Commercial Transactions & Real Estate

Clement Rivers, LLP Privacy Statement

Areas of Practice

The Commercial Transactions and Real Estate Practice Group combines the corporate elements of a business practice with knowledge of the tax and labor/employee implications essential to a transaction.

The ability to provide comprehensive services in complex matters has established the firm’s success in representing companies in significant transactions across South Carolina.


The group’s attorneys advise and represent clients in structuring all aspects of a transaction, including:

  • Commercial Leases
  • Corporate formation, including business entity selection
  • LLP, LLC, Partnership, S-corp, Corporation, other entities
  • Operating agreements for limited liability companies (LLCs)
  • Contractual matters, including employment related contracts
  • Shareholder agreements
  • Majority/minority representation
  • Commercial and other financial arrangements
  • Mergers, acquisitions, and divestitures
  • Start ups, early stage, and emerging growth companies
  • Reorganizations
  • Loan work outs/forbearance agreements
  • Complex transactions
  • Sale-leasebacks
  • Tax deferred exchanges
  • Real property tax appeals
  • Employee/labor benefits, liabilities and necessary notices

Projects and Developments

The group’s extensive commercial real estate representation includes experience with a wide range of projects and developments. These include contract negotiation, land acquisition and development, lease structuring and other legal services for, among others:

  • Industrial park developments
  • Multi-property real estate purchases
  • Brownfields land acquisition, recovery, and renewal
  • Governmental redevelopment agency projects
  • Hotel development, including acquisition, construction and permanent financing
  • Apartment to condominium conversion
  • Condominium development and formation
  • Statutory compliance and interpretation
  • Health care agreements
  • Wealth transfer transactions focused on tax benefits

Transactional Real Estate

The group assists clients in transactional real estate matters and dispute resolution for:

  • Construction lending (lender and developer representation)
  • Development loan closings
  • Community associations
  • Homeowners associations (HOA’s)
  • Plantation properties
  • Commercial foreclosures
  • Mechanics liens
  • Preparation and interpretation of restrictive covenants
  • Industrial property acquisitions
  • Assemblage of multiple parcels
  • Zoning and land use regulation
  • Commercial leasing
  • Contract negotiations
  • Title insurance claims
  • Section 1031 exchanges
  • Condominium master deeds

Residential Real Estate

While the group focuses on commercial transactions, it also has an active practice in residential real estate including the purchase and sale of high-end residential properties in

  • The downtown historic district
  • Kiawah Island
  • Seabrook Island
  • Sullivans Island
  • Isle of Palms

Property Tax

The firm also advises clients on related property tax issues, including

  • homeowner assessment ratio
  • assessable transfer of interest
  • valuation for tax purposes

The group’s attorneys provide tax advice, in consultation with the firm’s tax group when appropriate, to help clients monitor and control the tax and estate planning implications of each business decision.

Legal Opinions

In addition to leading complex corporate transactions, the firm provides local counsel opinion letters for multi-state and interstate transactions. South Carolina law differs in important ways from the laws of other states. The firm’s attorneys are knowledgeable about lender issues, South Carolina case law, and other local issues that directly influence commercial real estate transactions.

Clement Rivers, LLP lawyers regularly analyze and review documents and provide legal opinions on a variety of issues for clients including

  • banks
  • insurance companies
  • health care providers
  • institutional lenders
  • individuals

Firm lawyers often act as local counsel for clients and other law firms throughout the country in South Carolina multi-state transactions, and collaborate with attorneys in other states to similarly assist clients in South Carolina.

Our Clients

The group provides legal advice to:

  • Businesses
  • Banks
  • Corporations
  • Quasi-governmental entities
  • Health care providers
  • Limited liability companies
  • Non-profits
  • Partnerships
  • Shareholders
  • Officers and directors

Business Formation

When helping a client to establish a business in South Carolina, this group works closely with the firm’s tax attorneys. Together, the attorneys review the prospective company’s

  • structure
  • participants
  • goals and
  • liability concerns

Based on this, the attorneys recommend the optimal form of business organization. The group’s goal for every business client is to focus on liability protection and tax minimization, while helping to position the company structurally for sustainability and growth.

Other Business Services

  • WARN notices
  • severance and retention agreements
  • interpretation of non-competes
  • key employee contracts
  • establishment of initial employee benefits, practices and policies