Shams Merchant is the industry-leading commercial real estate attorney in alternative fee arrangements that enable GPs, private equity firms, real estate companies, investors, developers, & entrepreneurs to increase their ROI by spending less on legal fees for their real estate transactions and real estate syndication and fund formation matters.

Legal Fees for Commercial Real Estate Transactions

Compared to other attorneys of the same caliber and sophistication, Shams offers unmatched competitive rates among his peers practicing sophisticated commercial real estate, private equity and corporate law, including alternative fee arrangements. Many of his clients come to him from big and midsize firms which are focused on maximizing billable hours and generating fees. Shams instead focuses on ways to reduce his clients’ legal spend and achieve cost-predictability.

When billing on an hourly rate, Shams’ hourly rate is the most competitive amongst his peers. He doesn’t “over-lawyer” or bill to simply “work the file.” His focus is on getting deals done in the most efficient way possible while providing practical guidance and timely service.

Shams’ standard hourly rate for commercial real estate transactions is $475/hour, which is the most competitive among his peers practicing sophisticated commercial real estate, and corporate & private equity law. However, depending on the arrangement with his clients, unlike other laws firms, Shams provides substantial reductions or completely waive his legal fees for unsuccessful transactions. Shams also works with his clients to provide cost estimates and set up-front budget caps. Simply put, his clients know that he is a long-term partner in their business, not just a line item on their balance sheet. With that in mind, Shams operates his commercial real estate law practice not to solely make money but to provide his clients with a competitive edge in the market.

Fixed Fee/Flat Fee for Real Estate Syndications and Fund Formation

Shams represents syndication and fund formation clients in all 50 states. Unlike other syndication and fund formation attorneys, Shams is one of the leading attorneys and a trailblazer in alternative fee arrangements, including fixed fees and success fees. Our alternative fee arrangements are based on the notion that our compensation is tied directly to the success of our clients.

Shams represent clients in straightforward and complex private equity transactions including syndications and fund formations on a fixed fee. Flat fee legal fees for real estate syndications and fund formation start at $13,000 and include all attorney time and correspondences.

General List of Practice Areas

Commercial Real Estate Sales & Acquisitions

Shams represents a diverse clientele including owners, developers, families, and investors in relatively straightforward transactions as well as highly complex deals nationwide and across Texas. Shams is experienced in providing counsel and legal expertise with respect to real estate sales and acquisitions in all types of real estate including portfolios, retail – power centers, strip centers, grocery-anchored centers, ground leases, build-to-suits, sale-leasebacks, reverse build-to-suits, mall redevelopments, lifestyle centers, restaurants, and NNN deals, single tenant, sale leasebacks, restaurants, pad sites, industrial and warehouse, multi-family, business parks, office, health care, historical buildings, and farm & ranch properties. He’s known as an industry-leading attorney for commercial real estate sales and acquisitions in Houston, Dallas-Fort Worth, Austin, and San Antonio.

Commercial Real Estate Leasing

Shams has extensive experience in commercial leasing, having helped successfully lease some of the most notable projects in Houston, Dallas-Fort Worth, Austin, and San Antonio. Shams has developed an extensive database of all of his lease work and regularly draws upon that collective knowledge to assist his clients with their projects. He brings a pragmatic and cost-sensitive approach to each lease he undertakes for each specific client requirement. He regularly represent landlords and tenants on the following types of leases: Ground Leases, Retail, Power Centers, Strip Centers, Grocery Anchored Centers, Build-to-Suits, Reverse Build to Suits, Sale-Leasebacks, Mall Redevelopments, Lifestyle Centers, Fitness, Restaurants, Industrial, Multi-Use, Business Parks, Office, Health Care, Work Share, Telecommunications towers, and Subleases across Texas and nationwide.

Commercial Real Estate Loans & Lending

Shams demonstrates his commercial real estate expertise by his ability to take a transaction from the early stages of the deal, such as a purchase of land, through the various stages of negotiations for interim and permanent financing and loans. He regularly represents clients on the following types of financing with Texas regional and national New York lenders of all types: CMBS loans, Permanent financing, Construction financing, Lines of credit, and Mezzanine debt.

Commercial Real Estate Development

From structuring the deal and acquiring raw or developed land through the due diligence, entitlement process, leasing, financing, development, and management of the developed property to the ultimate disposition of the project, Shams acts as a partner to his clients throughout the process. He has experience with the following types of developments: Master planned communities, Retail – power centers, strip centers, grocery-anchored centers, ground leases, build-to-suits, sale-leasebacks, reverse build to suits, mall redevelopments, lifestyle centers, restaurants, NNN deals, Build-to-Suit – retail, health care, medical, fitness, industrial, and office, Industrial, Multi-Family, Business Parks, Office, Health Care, Historical Buildings, Development Agreements with municipal utility districts (MUDs), cities, tax increment financing zones (TIRZ), and other special districts.

Fund Formation, Securities Law, Private Placement, Syndications

Shams is a leading securities and private equity attorney in Texas and assists new and established private equity real estate firms in drafting and structuring of fund formation, private placement, and syndication documents (including 506(b) and 506(c) real estate funds) for various types and sizes of real estate projects across Texas and nationwide. 

Corporate & Business Transactions

Shams regularly assists clients with all aspects of the legal function of company business, including entity formations, business planning, mergers and acquisitions, buy-outs, reorganizations, credit facilities, employment contracts, and other day-to-day contract negotiations. His services include Entity Formations including LLCs, series LLCs, LPs, PLLCs, and C and S class corporations, Partnership Agreements, Business Purchases and Sales, Asset Purchases and Sales, Stock Purchases and Sales, Partner Buy-Outs, Joint Ventures, Reorganizations, Stock Redemptions, Tenancy-In-Common Agreements (TIC), Marketing Agreements, Financing, Confidentiality Agreements, and Consulting Agreements.

Commercial Real Estate General

Shams regularly assists clients with a wide variety of real estate matters, including Easements, Title Work, Boundary Disputes, Commission Agreements, Affidavits, Lien Releases, Minerals, Sand and Gravel Leases, Oil and Gas Leases, Construction Contracts, Architect Agreements, Development Agreements, 380 Agreements, Reimbursement Agreements, Municipal Utility Districts (Muds), Deed Restrictions, 1031 Tax Deferred Exchanges, and 1031 Reverse Exchanges.

Real Estate & Business Disputes & Litigation

Shams helps prosecute and defend his clients in disputes and claims concerning all aspects of real property, including purchase and sale agreements, construction, condominiums, encroachments, boundaries, land use, restrictive covenants, easements, title insurance, liens, and representation of both landlords and tenants in disputes involving retail, office, and industrial leases, for which he is widely recognized by his clients and peers.