Warner-Smith-Harris PLC

The life of the law has not been logic: it has been experience. It is the spirit and not the form of law that keeps justice alive. A trial is the resolution of a dispute. Wherever Law ends, Tyranny begins. I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law. The law is reason, free from passion. The law: it has honored us; may we honor it.

From the big picture down to the most minute details, the real estate lawyers at Warner, Smith & Harris give the close and careful attention to all aspects that a multi-million dollar transaction warrants and demands.

With partners with up to 20 years of experience, our full-service practice encompasses the preparation and negotiation of transaction-related documents, including purchase agreements, promissory notes and guarantees, mortgages, deeds of trust, tax-exempt financing, title insurance, environmental due diligence, regulatory compliance and financial instrumentation. We represent all sides of these transactions – borrowers, developers, lenders and investors – providing us the ability to bring a broad perspective to each new deal we work on. We handle every manner of real estate transactions, but have a particular expertise in timeshare developments, affordable housing projects, commercial real estate, and healthcare facilities.

Our real estate lawyers are able to facilitate the deal-making process and avoid the posturing and nitpicking that sometimes interferes with business negotiations. At the same time, we know what issues are important to our clients and what is reasonable to expect as well as demand, and we are uncompromising in protecting our clients' interests.

The group is one of a handful in the country to offer an expertise in timeshare law. The group was at the forefront of this complex and specialized industry, helping draft Arkansas' timeshare laws and handling the legal aspects of timeshare properties since their origination in the late 1970s. The group has created timeshare regimes for developers throughout the South, Mid-South and Southwest, dealing with title insurance, government regulations, zoning issues and numerous other legal matters these projects entail. We also represent individual owners seeking to transfer their timeshares, and enjoy a particular proficiency in the relatively new concept of the timeshare as a real property interest.

To keep client costs manageable, we have developed forms and other legal documents that our lawyers can utilize on new matters. But we also continue to craft innovative solutions to new issues that arise. In a recent venture in Wisconsin, we created a new legal scheme for selling timeshares as points to be used toward any time period during the year, as opposed to fixed calendar weeks. For that same project, we developed a searchable database of nearly 10,000 transactions in order to issue title insurance on the properties.