Our commercial real estate practice focuses on buying, selling, and leasing retail centers, industrial property, office complexes, housing complexes, and vacant properties. Through years of experience in this area, we understand the complexities facing sellers, buyers, and developers in commercial real estate matters. Therefore, we will guide you with knowledgeable representation, no matter what your role is in the transaction.
Depending upon your needs in this sometimes complicated area of the law, and by using our collaborative attorney/client approach, we can assist you in many ways:
- Transaction Documents – We draft, revise, and negotiate the contractual terms and conditions of your sale or purchase, including the documents that the parties will be signing at closing such as security, personal guarantees, and promissory note.
- Lease Terms and Conditions – We draft, revise, and negotiate the contractual terms and conditions of any lease, focusing on protecting your interests.
- Zoning and Code Restrictions – It is important for prospective buyers and tenants to know whether they can modify the property, or use it for certain purposes, after buying or renting, or whether they must bring the property “up to code” after closing or after signing the lease. Because state and local zoning and code regulations can change frequently, we assist our clients in performing due diligence necessary to discover what can and cannot be done with the property before the purchase or lease is finalized.
- Environmental Contamination – Generally, it is the responsibility of property owners to avoid contaminating their property and to clean up any contamination that has occurred prior to sale. However, in certain instances, the burden of remediating contamination could fall upon buyers and tenants. For prospective buyers and renters, we assist them in performing due diligence necessary to detect whether the property is contaminated. For sellers and landlords, we work through their legal options.
- Lender Requirements – Lenders are an important part of the process, and sometimes their conditions could affect all parties to the transaction, not just the buyer. Understanding how to handle the lender, its requirements, and the timelines sometimes imposed as part of a loan commitment is an essential element of a successful commercial transaction. Our experience working with numerous local and regional lenders on loan transactions of varying sizes and complexity, enables us to provide our clients with further insight aimed at getting the transaction completed in a timely manner with fair terms all to the benefit of our clients.
- Title Defects – Title defects includes any unwanted claims to property, whether public record or not, including liens, easements, or irregularities in prior conveyances. We assist our buyers of property with title searches and insurance, and work with our clients on other possible solutions including indemnification from title defects and subordination, non-disturbance, and attornment (“SNDA”) agreements.
We understand the possible difficulties and complications surrounding commercial real estate transactions. With our experience, along with our diligent and collaborative style, we will make sure you are aware of your rights and responsibilities in any commercial real estate transaction whether you are a seller, buyer, landlord or tenant.