Real Estate Law

Service through the roof.

Bagwell Holt Smith P.A. represents clients with all aspects of residential, commercial and community association law – it was a primary goal when we formed the firm in 1984. We offer comprehensive, full-service representation for all your real estate law needs.

Residential Clients

For residential clients, we handle closings, refinancing, purchase and construction loans for individuals, families and investors.

Commercial Clients

In the commercial sector, we represent developers, builders, commercial property owners and tenants across all segments of the market.

What to expect when working with us.

Buyers and Sellers

We take the complexity out of closings, refinances, land purchases and constructions loans for individuals, families and investors. It’s rewarding to help those who are “moving up”, downsizing or entering into home ownership for the first time.

Realtors

Triangle realtors have their hands full with stiff competition, growing online competition, evolving technology and hey, there’s only 24 hours in a day. When we opened our doors in 1984 the median U.S. home cost was about $80,000. Much has changed since then, but our commitment to making life easier for realtors has not.

Lenders

We help clients prepare properly, providing lenders with reliably qualified buyers and real estate transactions which are planned, managed and executed promptly and professionally.

Real Estate Law Services

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We launched BHSPA in 1984 with commercial real estate law as a primary focus. Today our real estate attorneys offer decades of combined experience which fully prepare us to provide comprehensive commercial real estate representation throughout North and South Carolina. We serve as a trusted ally for builders, developers and investors in both states, and have earned a reputation for thoroughness and professionalism.

Our firm provides the following comprehensive commercial real estate services:

  • Land purchase contract review, drafting and negotiation
  • Acquisition and sale of real estate
  • Real estate title investigations
  • Questions of zoning and land use
  • Construction loans
  • Homeowners’ associations and property management issues
  • Preparation of restrictive covenants
  • Litigation matters

The dynamic that exists between residential landlords and tenants can lead to disputes which can create a necessity for legal representation. Our attorneys have negotiated a broad spectrum of landlord/tenant disputes, and, when the need arises, we have pursued aggressive litigation. Of course, an ounce of prevention is worth a pound of cure. If you are a landlord, we can also help you draft leases and establish clear, concise rules and regulations for your property which can help to ward off legal problems.

We represent landlords, tenants and property owners on these matters:

  • Evictions
  • Holdovers and nonpayment proceedings
  • Damage to property disputes
  • Security deposit disputes
  • Contract actions between former tenants or landlords
  • Allegations of wrongful evictions
  • Injunctive and declaratory judgment actions
  • Collections from nonpaying tenants
  • Self-help evictions
  • Breach of warranty of habitability
  • Landlord liability
  • Appeals
  • Drafting rental leases

Not every real estate transaction goes as smoothly as you expect, and occasionally litigation becomes unavoidable. Our litigators, in combination with our real estate team, have decades of experience successfully resolving real estate disputes. A variety of complications can arise which can derail a real estate transaction, from contract negotiation through closing and post-closing events, and we’ve dealt with pretty much all of them. We have represented some of the largest builders in the country as well as small family builders and individual homeowners.

Our attorneys can handle virtually any type of real estate litigation, including disputes relating to:

  • Acquisition and development
  • Construction
  • Management
  • Real estate brokers and agents
  • Loan workouts, trustee’s sales/foreclosures, collection and bankruptcy
  • Title disputes
  • Landlord-tenant disputes
  • HOA disputes
  • Partitions
  • Subsurface rights

Whether you’re a first-time homebuyer or you’ve been around the block a few times, having an experienced attorney on your side is always in your best interest. That’s why we assign you a residential real estate attorney, not a paralegal or loan officer, to assist you from start to finish.

Our practice is efficient and responsive, and we emphasize good communication and go out of our way to ensure every transaction is completed as smoothly as possible. Our proficiency in streamlining the closing process has made us a popular referral for residential real estate agents and lenders. Whether buyer or seller, you’ll have a trusted ally by your side who always has your best interests at heart.

Transactions we assist with include:

  • Home purchases
  • Mortgage refinances
  • Investment property purchases
  • Foreclosure purchases
  • Construction loan closings
  • Equity line closings

We also assist clients with:

  • Contract drafting and review
  • Contract dispute resolution
  • Boundary line disputes
  • Zoning and land use disputes
  • Residential and commercial leases
  • Construction issues
  • Residential property management issues
Our Real Estate Law Attorneys
Thomas R. Holt
Thomas R. Holt

Pennsylvania native Thomas R. Holt headed south, first to West Virginia to acquire a bachelor’s degree in Sociology before moving to Chapel Hill in…

Jeffrey A. Jones
Jeffrey A. Jones

Chapel Hill native Jeffrey A. Jones earned a bachelor’s degree in political science in 1992 at UNC – Wilmington. Mr. Jones then attended Campbell…

Christopher A. Crowson
Christopher A. Crowson

Mr. Crowson hails from Durham and obtained a bachelor’s degree in political science and history from UNC-Chapel Hill in 1994. His next stop was…

Michael R. Ganley
Michael R. Ganley

Mr. Ganley leads the firm’s full-service, comprehensive community association practice, representing homeowners associations, townhome associations and condominium associations throughout North and South Carolina. Mr….

Lauren R. Nance
Lauren R. Nance

Mrs. Nance grew up in Mooresville and gained her bachelor’s degree in Spanish and Sociology at UNC-Chapel Hill. She went on to attend UNC’s…

Brittany N. Jones
Brittany N. Jones

Brittany N. Jones was born in Mooresville, North Carolina, and graduated from The University of North Carolina at Wilmington in 2009 with her bachelor’s…

Summer R. Rich
Summer R. Rich

Ms. Rich holds an AA degree from Darton College, and bachelor’s degree from Temple University in PA, where she was awarded the Norman J….

Nick Fernez
Nick Fernez

Mr. Fernez is instrumental in the firm’s commercial real estate group, where he applies his outstanding research skills and broad title knowledge. As part…

Joseph R. John, Jr.
Joseph R. John, Jr.

The Firm’s Real Estate team was bolstered by the addition of Mr. John in October, 2019. Mr. John earned his law degree from North…

Betsy Gold
Betsy Gold

Elizabeth “Betsy” Gold was born aboard Camp Lejeune, North Carolina and was raised in a Marine Corps family. After moving around the world, she…

McKenna N. Ronan
McKenna N. Ronan

McKenna N. Ronan was born and raised in Scottsdale, Arizona. She graduated Summa Cum Laude with a B.A. in English Literature from Mercy College…

Ryan A. Prosise
Ryan A. Prosise

Ryan A. Prosise was born and raised in Canton, OH, attended Ohio State, earned his bachelor’s degree in Finance in 2016 and earned his…

Megan Phifer
Megan Phifer

A North Carolina native, Megan Phifer grew up in Wilmington. She attended the University of North Carolina at Greensboro where she graduated summa cum…

We’re here for you.