Thomas Whelan has extensive experience in leasing, financing, and real estate transactions, with a strong focus on commercial real estate litigation. His focus includes landlord-tenant disputes, lender liability, real estate brokerage issues, and other real estate-related matters. Tom provides strategic counsel on complex negotiations and litigation, representing clients in both state and federal courts.
Tom has authored numerous articles and frequently speaks at industry events on topics such as leasing, receiverships, and real estate brokerage. He has been named to the Texas Super Lawyers list by Thomson Reuters, holds an AV Preeminent rating from LexisNexis Martindale-Hubbell, and is a Fellow of the American College of Real Estate Lawyers.
Representative Experience
- Representation of private equity group in connection with its restructure of regional retailer’s real estate holdings in anticipation of disposition of real estate assets and retail operations
- Representation of developer in negotiations with national retailers, national hoteliers, and condominium developers in conceptual development and drafting of covenants, restrictions, and easements governing a planned mixed-use development of a regional mall, luxury hotels, and condominiums connected to two major professional sports venues
- Representation of developers in connection with negotiation and drafting of covenants, restrictions, and easements for retail and mixed-use developments
- Representation of developers and owners in lease negotiations with national big-box tenants, regional retailers, luxury retailers, and local retailers
- Representation of owner of specialty “to the trade only” center for interior design professionals
- Representation of international hardware wholesaler in negotiation of numerous warehouse and other leases throughout North America
- Representation of restaurant chain in site acquisition and site leasing transactions
- Representation of office landlords in negotiation of office leases, including lease of over 250,000-square-foot space to international tire manufacturer for its U.S. headquarters
- Representation of buyers, sellers, and lenders in real estate sales, purchase, and financing transactions
- Representation of servicers for conduit lenders in connection with collection, foreclosure, and restructuring of troubled loans
- Representation of borrowers in negotiations, foreclosure, and receivership proceedings, and other litigation with servicers and special servicers in connection with lenders’ defaults of post-closing funding and other obligations, borrowers’ exercise of loan renewal options, and documentation of forbearance and discounted pay-off agreements
- Representation of national theater chain in litigation with developer and developer’s conduit lender
Education
- J.D., SMU School of Law, 1987
- B.A., magna cum laude, University of Dallas, 1982
Court Admissions
- State of Texas
Professional Memberships
- American College of Real Estate Lawyers, 2008-present
- American Bar Association, 1987-present
- State Bar of Texas, 1987-present
- Dallas Bar Association, 1987-present
- Honors & Distinctions
- Texas Super Lawyers, Thomson Reuters, published in Texas Monthly, 2011-2017, 2019-2023
- Rated AV Preeminent by LexisNexis Martindale-Hubbell
- Legal Leaders/Top Rated Lawyers, ALM and Martindale-Hubbell
- Best Lawyers in America, Real Estate Law, 2018-2025
