Developing, Building and Selling Real Estate

North Carolina is a desirable place to live, start a business and raise a family, and thus has a vibrant residential and commercial real estate market. At the same time, real estate is subject to strong economic cycles and prudent owners, developers and investors have to protect the down-side. At Cunningham Law, we have experience helping real estate companies, developers, builders, lenders, financial institutions, landlords and tenants achieve their business goals under varying market conditions.

Live, Work and Play

When the developers of 751 South in Durham filed their subdivision plans in January 2009, they never imagined that a proposed mixed use, progressive new urbanist community in one of North Carolina’s fastest growing real estate markets could attract so much opposition – most communities celebrate such development. At Cunningham Law, we:

executed the strategy that overcame well-funded litigation
worked with the City and County government through site planning, stormwater mitigation, approvals and permitting
drafted and negotiated builder agreements
established multiple tiers of homeowners associations
closed multiple rounds of debt and equity financing with banks and individuals and
provided seller support and title work through dozens of lot sales

All to fulfill the vision of a quality live-work-play community that will create an estimated $400 million in economic impact when completed.

Shadow Creek Estates

The first neighborhood of its kind in the Triangle of North Carolina, home buyers participate in a fully-integrated experience of lot sale, custom home design and luxury building in a community created to maintain the highest possible standards. At Cunningham Law, we

were a part of the team from inception
helped secure and close acquisition of the land
set up the development company and operating agreement
negotiated and closed debt and equity financing
managed the engineering and planning team
drafted reservation agreements, offers to purchase, design service agreements, and construction contracts, and
prepared the homeowners association covenants, architectural guidelines and community rules

And, in 2022, the first luxury custom homes will emerge from the ground in this unique North Raleigh community.

Representative real estate clients include:

Shadow Creek Estates, Raleigh
751 South, Durham
Main Street Square, Holly Springs
Colvard Farms, Chatham County
Patriot’s Pointe, Hillsborough
Loyd Builders, Apex
Manor Six Forks, Raleigh
Windsor Upon Stonecrest, Burlington
Windsor Upon Mellowfield, Raleigh
C & M Investments, High Point
Spiritual Center of America, Boone
J.E. Booth Farms, Durham and Chatham County
Boylan Partners, Raleigh
Boylan Realty, Raleigh
Boylan Development Company, Raleigh

Recent Work

751 South Clubhouse

Construction delays and defects can lead owners and developers to make difficult choices: Do I manage through or seek legal remedies. Here, legal options drove business solutions and a quality amenity center.