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When Should I Involve a Real Estate Attorney in a Commercial Real Estate Deal?

Published October 25th, 2023 by Klafehn, Heise & Johnson P.L.L.C.

Navigating a commercial real estate deal can be complex, with various legal and financial aspects to consider. Engaging a real estate attorney at the right time is crucial to ensure a smooth and legally sound transaction. In this article, we'll discuss when you should involve a real estate attorney in a commercial real estate deal. Klafehn, Heise & Johnson PLLC, located in Brockport, NY, has a team of experienced attorneys ready to assist you with your commercial real estate transactions.

During the Planning Stage

It's wise to involve a real estate attorney early in the planning stage of your commercial real estate deal. Attorneys can help you assess the feasibility of the transaction, review zoning and land use regulations, and provide guidance on potential legal issues.

Before Signing Any Contracts

Before committing to a commercial real estate deal, have an attorney review all contracts and agreements. They can ensure the terms align with your interests and negotiate on your behalf to protect your rights.

When Conducting Due Diligence

Due diligence is a critical step in any commercial real estate transaction. Attorneys can assist in conducting thorough due diligence to uncover any hidden issues, such as title problems, liens, or environmental concerns.

For Lease Agreements

Lease agreements for commercial properties are often complex documents. A real estate attorney can review and negotiate lease terms to protect your rights and financial interests.

When Dealing with Zoning and Land Use

Navigating zoning laws and land use regulations is essential for commercial real estate deals. An attorney can ensure your plans comply with local regulations and help you secure necessary permits.

Handling Financing and Mortgages

If your commercial real estate deal involves financing, an attorney can assist in negotiating loan terms, reviewing mortgage agreements, and ensuring compliance with lending requirements.

Resolving Disputes

In the event of disputes or legal challenges during a commercial real estate transaction, having an attorney by your side is invaluable. They can provide legal representation and work toward a resolution.

Throughout the Closing Process

The closing process in a commercial real estate deal involves a multitude of legal documents and transactions. An attorney can oversee the closing to ensure all legal requirements are met and that the process proceeds smoothly.

When Structuring Ownership

Choosing the right ownership structure for your commercial property can have legal and financial implications. An attorney can advise on the best structure to meet your goals.

When Dealing with Environmental Concerns

Environmental issues can impact the suitability and value of a commercial property. Attorneys can help identify potential environmental challenges and advise on remediation or compliance with regulations.

Involving a real estate attorney at the appropriate stages of your commercial real estate deal is essential to protect your interests and ensure a successful transaction. At Klafehn, Heise & Johnson PLLC in Brockport, NY, our experienced real estate attorneys have a deep understanding of commercial real estate transactions in New York. If you're considering a commercial real estate deal, contact us at (585) 637-3911 to discuss how we can assist you in achieving your objectives.

Legal Disclaimer: This article provides general information about involving a real estate attorney in a commercial real estate deal. It should not be construed as legal advice or a substitute for consulting with an attorney. Each commercial real estate transaction is unique, and laws can vary from state to state. For specific legal advice and guidance tailored to your situation and circumstances, consult with the attorneys at Klafehn, Heise & Johnson PLLC. Portions of this account are considered ATTORNEY ADVERTISING under the New York State Unified Court System Rules of Professional Conduct (22 NYCRR Part 1200). Prior results do not guarantee a similar outcome.


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