Foster is described in a recent edition of Chambers USA as an “iconic lawyer” in Charleston. Throughout his 48-year commercial real estate career, Foster has developed entrenched relationships with his real estate developer, investor, joint venturer and lender clients and has earned a reputation for being meticulous in all aspects of complex real estate transactions.
Foster’s practice includes contract negotiations and drafting, zoning and land use issues, regulatory matters, real estate finance and closing the deal. His clients include developers of hotels, condominiums and planned developments, mixed-use developments, apartment complexes, office and retail developments, timber transactions and industrial/warehouse/distribution facilities. He also leverages relationships at the firm to identify various economic incentives for his developer clients.
Foster is recognized as a leader in his profession, having been regularly listed in Chambers USA (Real Estate Law—Band 1), Best Lawyers in America (Real Estate and Zoning/Land Use Law) and South Carolina Super Lawyers. He is a Fellow in the American College of Real Estate Lawyers and currently serves on ACREL’s Hotel, Resort and Hospitality Committee and Common Interest Ownership Committee, which he chaired for three years. Foster is very active in his community. He served on the Charleston City Council for 12 years and on numerous local boards and commissions.
Civic and Professional Activities
Professional Activities
- Member, American College of Real Estate Lawyers
- Member, Anglo-American Real Property Institute
- Member, ACREL’s Board of Governors, 2011-2013
- Past Chair, Real Property Section, South Carolina Bar
Civic Activities
- City of Charleston: Council member, 1980-1992, Mayor Pro-Tem, 1983-1984, Ways and Means Committee, 1980-1992, Chair, Tourism Commission, 1980-1992, 1999-2005, 2000-2002
- Trident United Way: Budget and Allocations Board, 1980-1983, Board of Directors, 1983-1986
- Carolina Youth Development Center, Board of Directors, 1981-1987
- Carolina Art Association, Board of Directors, 1988-1992
- Preservation Society of Charleston, Member
- Charleston County Board of Ethics (Charleston County Bar Association Representative), 1981-1985
- Charlestowne Neighborhood Association, Board of Directors, 1984-1992
- Junior League of Charleston Community Advisory Board, Board Member, 1992-1995
- Vestry, St. Philip’s Church, 1992-1995, 2022-Present
- Lowcountry Open Land Trust, Board of Directors, 1993-1999
- Charleston Symphony Orchestra, Board of Directors, 1995-1998
- Historic Charleston Foundation, Board of Trustees, 2001-2016: Chair of Board of Trustees, 2014-2016
- Joseph P. Riley Center for Livable Communities at the College of Charleston, Advisory Board, 2006 to Present
- Member, Charleston Regional Development Alliance Board of Directors, 2012-2016
Honors and Awards
- Chambers USA Ranked Lawyer, Real Estate, South Carolina, 2002 – Present
- Recognized in The Best Lawyers in America (BL Rankings) in the fields of Commercial Finance Law, Land Use and Zoning Law, Real Estate Law, 2003 – Present
- Super Lawyers Honoree, Real Estate, Land Use/Zoning, Banking, South Carolina Super Lawyers magazine (Thomson Reuters), 2008 – 2020
- Recognized in Charleston Business Magazine's Legal Elite, Hospitality & Tourism, Banking & Finance, Commercial Real Estate, 2020 – Present
- The International Who's Who of Business Lawyers, Real Estate Law
- Who's Who Legal USA – Real Estate Law
- Recipient of the Historic Charleston Foundation's Robert N.S. and Patti Foos Whitelaw Founders Award for Distinguished Achievement in Historic Preservation in Charleston, SC
Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Lead counsel on all aspects of the $100 million development of a five-star luxury hotel in downtown Charleston, SC, including land acquisition, zoning and land use issues, regulatory matters and construction financing.
- Lead counsel on the acquisition of several thousand acres of timberland for one of the largest privately held timber companies in the southeastern US.
- Lead counsel in connection with conduit refinance of various hotel portfolios with a dollar value in excess of $120 million.
- Lead counsel in connection with the development of an industrial park and a warehouse/distribution facility with a dollar value in excess of $75 million.
Lead lender counsel in connection with a $65 million public/private mixed-use development. - Lead counsel in connection with the development of two adjacent office buildings located in a mixed-use development with an aggregate dollar value of $80 million.
- Lead counsel to owner in connection with a $60 million conduit loan refinance of hotel portfolio.
- Lead developer counsel in connection with the development of an $80 million luxury hotel.
- Lead counsel in the acquisition of resort facilities, including golf courses, lots, undeveloped land, and various amenities.
- Lead counsel in connection with the development of $100 million industrial distribution facility and industrial park.
- Lead counsel in the acquisition and development of numerous hotels, shopping centers, office buildings, apartment complexes and industrial facilities.
- Lead counsel for developers in connection with the development of numerous mixed-use, condominium and planned unit developments.
- Assists owners and developers in permitting, zoning, and other land use issues, including negotiating and obtaining approval of Development Agreements pursuant to the South Carolina Local Government Development Agreement Act.
