King & Sommer, LLP
King & Sommer, LLP
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King & Sommer, LLP

EILEEN E. SOMMER

                  
Eileen E. Sommer (formerly Eileen E. Scherlen) has 30 years of legal experience, focusing her practice on commercial real estate transactions, commercial financing transactions and general business.  She is Board Certified by the Texas Board of Legal Specialization in the area of Commercial Real Estate.
  
Education and Career History
  
A native of San Antonio, Texas, Ms. Sommer graduated under the Plan II Program from the University of Texas in Austin in 1978 (B.A., high honors) and remained in Austin to obtain her law degree from the University of Texas School of Law in December, 1980 (with honors).  Ms. Sommer co-founded the firm of King & Sommer, LLP in August of 2007. Previously, she was a partner with the firm of Jackson Walker L.L.P. (Dallas – 1981-1991; San Antonio – 1991-2007).
  
Areas of Practice and Expertise
 
Ms. Sommer represents local, state and national clients in the documentation and negotiation of commercial contracts of all types.  Her areas of practice include the acquisition, financing, development, sale and leasing of commercial real estate, commercial financing transactions, loan workouts, the exercise of loan security remedies, and the preparation and negotiation of various business contracts incident to the operation of a business or the ownership of real estate.  She also provides services as local counsel to render legal opinions on Texas law matters customary in commercial loan transactions.    

 

Ms. Sommer has been rated by her peers with the Martindale-Hubbell “AV” rating, the highest rating for both skill and integrity.    

 
 

Recent Representative Transactions:

Financing Transactions

  • Representation of the lender in providing commercial term loan and revolving credit facility to middle market commercial borrowers
  • Representation of the lender in financing the acquisition and development of land for retail, residential lot sales and other commercial uses
  • Representation of the lender in multifamily and retail construction loans
  • Representation of the lender in permanent financing of retail shopping mall    

Real Estate - Purchase and Sale Transactions

  • Representation of the purchaser of corner pad sites to be developed as convenience stores selling gasoline
  • Representation of sellers of multi-family properties located in San Antonio and throughout Texas
  • Representation of the purchaser of ranch property located in south central Texas

Real Estate - Leasing (Landlord and Tenant)

  • Counsel to national convenience store chain in negotiation of retail leases
  • Texas counsel to an international real estate investment trust regarding its apartment lease forms and consultation on compliance with Texas law concerning landlord/tenant issues
  • Counsel to owner of medical office building in negotiation of tenant leases

 Real Estate - Property Agreements

  • Representation of the owner in the negotiation of a construction contract for the construction of a medical building office 
  • Representation of the owner of farm and ranch property in the partition of property and negotiation of fence construction and maintenance agreement 
General Business
  • Representation of a national contracting company in the formulation of its document retention policy
  • Representation of a national convenience store chain in general contract matters 

 Local Counsel Representation

  • Representation of the lender as special Texas counsel in the drafting and review of Texas mortgages and consultation on related Texas legal issues
  • Representation of the seller as special Texas counsel in various property acquisitions and sales throughout the state of Texas

Memberships, Community Involvement and Service

Ms. Sommer is the secretary and a member of the Board of Directors of Girls, Inc. of San Antonio, past-president and a member of CREW-San Antonio, a member of the Texas Association of Bank Counsel and a member of the San Antonio Real Estate Council.  She is also a member of the College of the State Bar of Texas, the Bexar County Women’s Bar Association, and Girl Scouts of America. 

   
Awards
 
            Ms. Sommer is the 2009 recipient of the Eva Rosow Award of Excellence from CREW-San Antonio, an award given to recognize a member of CREW-San Antonio who is a model of excellence to the CREW membership and the commercial real estate community.  Ms. Sommer was recognized as one of the Best Lawyers in Banking and in Real Estate Transactions in 2009, 2010 and again in 2011 by SA Scene, as selected by her peers.  
  
Publications / Speaking Engagements
 

Ms. Sommer has been a speaker on the following subjects:

 

·          “The Texas SAFE Act and Other Issues Affecting Commercial Investment in Residential Real Estate” (June 18, 2010, Bexar County Women’s Bar Association Annual Retreat)(State Bar CLE accredited)

·          “The Legal Opinion in Loan Transactions – The Role of the Opinion Recipient and its Counsel - Working Within Customary Practice”  (March 23, 2007, Financial Services Roundtable presented by the Association for Corporate Counsel (ACC)) (State Bar CLE accredited)

·          “Construction Financing and the Construction Contractor’s Consent and Subordination Agreement – Not Just Boilerplate … The Contractor’s Perspective” (October 6, 2006, presented to the in-house legal staff of Zachry Construction Company) (State Bar CLE accredited)

·          “The Ground Lease – An Alternative to Purchase and Sale” (June, 2006, presented to the real estate department of Valero Energy Corporation) (State Bar CLE accredited)

·           “Crime on Leased Premises – Responsibilities of the Landlord, the Landlord’s Property Manager and its Leasing Agents” (presented to CREW-San Antonio, August 2000)

·          “The Attorney’s Role in Real Estate Transactions and Closings” (University of Houston Law Foundation seminar on Real Estate Documents, Workouts and Closing, held in Dallas and Houston, Texas in June, 2000) (State Bar CLE accredited)

·           “75th Legislative Session Usury Reform, HB 1971, A Comparison of Subtitle 1 of Title 79, As Amended, to the Provisions of Chapter 1 (Repealed Thereby) Effective September 1, 1997” (presented in-house, August, 1997) (State Bar CLE accredited)

 

Publications include:
  • “Tips to Avoid Breach of Contract in Closing a Real Estate Transaction - Draft the Contract to Suit the Deal,” San Antonio Lawyer, November - December 2008.
  •  “Mandatory Renter’s Insurance Worth Landlord’s Consideration,” published by the San Antonio Business Journal, July 28, 2006 (co-authored with Josh Davin Morton).
Personal
 
 Ms. Sommer is married to Richard H. Sommer and has three children, Robert, Henry and Elizabeth.  Her eldest, Robert Price, is a 2006 graduate of the University of Southern California and lives and works in San Antonio as a TV news reporter for KABB.  Her two younger children are in the first grade at Holy Spirit Catholic School.  She enjoys trips to the Texas Hill Country and Door County, Wisconsin, to take in nature and enjoy a simpler life.

King & Sommer, LLP
King & Sommer, LLP
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