Our firm provides services associated with commercial real estate transactions. Commercial real estate law may be complex, in that transactions are impacted by statutory limitations and requirements, contractual provisions and often local or county restrictions or procedures as well. If you’re not familiar with the intricacies of commercial real estate law, it’s very easy to make a misstep or overlook a requirement. Fortunately, our commercial real estate lawyers are experienced in managing the complexities of commercial real estate transactions.
Commercial Real Estate Transaction Services
Our law firm offers reliable commercial real estate legal services in the following areas:
- Purchase and Sale Agreements
- Purchase and Disposition of Real Estate Portfolios
- Commercial Real Estate Transaction Counseling
- Property Title and Title Insurance Review
- Issuance of Title Insurance Policies
- Commercial Real Estate Contracts
- Commercial Real Estate Leases
Purchase and Sale Agreements
The purchase and sale agreement forms the foundation of a commercial real estate transaction. A well-constructed agreement that is clear and complete will allow the parties to avoid most questions and conflicts that might arise later in the transaction or after completion, whereas relying on a form agreement or attempting to adapt from a past transaction can leave gaps, create confusion or even fail to fulfill legal requirements.
Each party to the transaction should be represented by separate counsel so that the agreement can be fully negotiated and reviewed for the protection of both the buyer and the seller, reviewed on behalf of each party and thoroughly explained.
Purchase and Disposition of Real Estate Portfolios
The structuring of real estate portfolios for sale can be complicated, particularly when bundling non-performing mortgage loans or multi-state properties. The contingencies and protections for both parties are particularly complex. It’s critical that the transferor and transferee both have a solid understanding of the ramifications of the agreement.
Even attorneys who are not specifically experienced in real estate portfolio purchase and sale can have difficulty untangling the complex terms or overlook important considerations. Having a veteran real estate portfolio attorney prepare or review your agreement will help ensure that you fully understand what you’re receiving and what you’re promising.
Commercial Real Estate Transaction Counseling
Sometimes, a company wants to handle commercial real estate transactions in house and has a knowledge level that makes that feasible, but may need guidance in particular areas or outside advice on particularly complex facets of the process.
Commercial real estate transaction counseling can help equip your in-house team to handle most of your commercial real estate transactions, and to recognize and have a ready resource when they need assistance.
Property Title and Title Insurance Review
Property title research and title insurance protect both buyers and sellers from losses connected with faulty title to the property. In recent years, chain of title has often been called into question. This is especially prevalent when the property in question has been subject to foreclosure in the past, but title flaws arise in other circumstances as well.
Whether you’re purchasing or selling real property, particularly high-value commercial property, you’ll want to thoroughly protect yourself. That means first ensuring that the title research has been conducted properly and no flaws have been uncovered, and then making sure that your title policy fully protects you in the event that issues come to light later.
Issuance of Title Insurance Policies
Both buyers and sellers of commercial real estate will need to protect themselves with title insurance–insurance designed to protect the party from losses associated with flaws in the title to the property. These policies can be purchased from either a title insurance company or a real estate law firm like ours.
The advantage to obtaining your title insurance policy through a law firm is that the law firm can provide a much more robust service than a title insurance company, in that the attorneys can prepare legal documents and can offer legal advice in connection with your policy.
Commercial Real Estate Contracts
There is a growing tendency toward self-help in the legal arena, particularly when it comes to matters like drafting of contracts. Perhaps you’ve purchased or sold commercial real estate before, and have a similar contract on hand. Or, perhaps you’ve found a place to download a template contract, or a service that will allow you to fill in certain details and will spit out a completed contract for a relatively low price.
Unless you have extensive knowledge of the intricacies of commercial real estate law, attempting to create a commercial real estate contract on your own is very risky. An experienced commercial real estate lawyer doesn’t just fill in the blanks–he or she anticipates issues you may not have considered, asks questions and advises you as to provisions that should be included in or removed from the lease and exactly what those provisions mean for you.
Commercial Real Estate Leases
Commercial real estate leases, like contracts, can be copied from an existing lease or generated from a template on the Internet–often to disastrous results. The general perception that commercial leases are basically the same and do not need to be created specifically for your transaction is errant and dangerous.
The best way to ensure that your interests are fully protected is to have your commercial real estate lease prepared by an attorney who is experienced in the preparation of such leases and is very familiar with the specifics of the property in question and your plans.
Managing Purchase and Sale of Foreclosure Properties
The purchase and sale of commercial real estate is a complex arena in the most straightforward of situations. When the property in question is being offered at auction in a foreclosure sale or offered as a short sale to avert a pending foreclosure action, even greater care is required.
To ensure a clean process that leaves you as either the buyer or seller fully protected, work with a commercial real estate attorney who has experience in handling foreclosure sales.
Partnership and Operating Agreements for Real Estate Projects
When you’re entering into a partnership for the purpose of developing real estate or otherwise operating commercial real estate, it’s imperative that you consider and enter into an agreement with regard to every possible eventuality. But, every venture is different, and it can be difficult to account for all possible outcomes.
Our commercial real estate attorneys have the broad-based experience necessary to ensure that your partnership or operating agreement fully protects your interests, and that you understand your rights and obligations under the agreement before your project gets underway.
Benefits of Working with Our Firm for Your Commercial Real Estate Transaction Need
A commercial real estate transaction can be a minefield. Local, state and federal laws may come into play, along with complex contractual terms and the need to provide for multiple possible contingencies. Anyone entering into a commercial real estate transaction, whether that transaction involves the sale of real estate, the purchase of foreclosure properties, the transfer of a real estate portfolio or some other aspect, should have an experienced commercial real estate attorney on the team.
Not every attorney is equally qualified to manage the complexities of this type of transaction. However, the commercial real estate lawyers in our firm have handled many transactions in this arena and are well-versed in the requirements and the possible pitfalls.
When you work with our commercial real estate lawyers, you can leave the legalities in their hands and rest assured that they will put their extensive experience in this arena to work to achieve the best possible outcome for you.
Contact Us Today for Commercial Real Estate Assistance
Don’t take chances with something as costly and significant as a commercial real estate transaction. Our attorneys are here to offer you their support and expertise, to ensure that your transaction proceeds as smoothly as possible and that your interests are protected.
Get the peace of mind that comes with knowing your commercial real estate matter is in reliable, experienced hands–call us or complete our online contact form right now!
