Sam Hagerty

Sam Hagerty practices transactional real estate law, with a concentration in affordable housing and community development finance. He represents for-profit and nonprofit developers in the acquisition, financing, development, construction and disposition of affordable housing.

Sam's representative experience includes:

Transactional Matters

Sam has experience in review and negotiation of financing documents in transactions involving low-income housing tax credits, financing under different HUD programs and other types of federal, state and local funding, including HOME, CDBG, TCAP and FHA-insured funds. He also regularly assists clients with the structuring and formation of ownership and development entities for use in affordable housing transactions, including public/private partnerships and for-profit/nonprofit partnerships, including forming Historically Underutilized Businesses (HUBs) and Community Housing Development Organizations (CHDOs).

Additionally, Sam's development experience includes drafting and negotiating purchase and sale agreements, complex easement agreements, declarations of restrictions and community facilities agreements as well as reviewing due diligence materials, including title and survey, and handling all closing activities.

Regulatory Matters

In his regulatory practice, Sam advises clients on various matters involving the Texas Department of Housing and Community Affairs (TDHCA), such as tax credit application issues, underwriting matters, changes of ownership and tax credit compliance matters.

State Taxation Matters

A number of affordable housing transactions seek to employ different tax exemptions under Texas law. Sam advises clients on a variety of ad valorem tax exemptions under different types of ownership structures and has worked with numerous appraisal districts in applying for such exemptions. He also provides advice and assistance to clients who desire to obtain a sales tax exemption for materials used in construction or rehabilitation of affordable housing.