CLEMENT RIVERS, LLP | 25 CALHOUN ST, SUITE 400
CHARLESTON, SC 29401 | 843-577-4000

Commercial Transactions & Real Estate

Our Practice

Clement Rivers, LLP Privacy Statement

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.

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

Transactions

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.

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

Our Attorneys

News

Declaration honoring Molony

Wilbur E. Johnson’s IAAM legacy