Easing the complexity of commercial real estate transactions
September 29th, 2017 | Richard M. Williams
While buying or selling a home can sometimes be a challenge, commercial real estate transactions can be extremely complicated. The risk and potential liability involved in commercial real estate transactions generally are much greater, and, in order to mitigate liability issues, commercial sales, purchases and leases are usually made by an entity such as a corporation or limited liability company.
Commercial transactions may also present zoning and land use issues that are not normally associated with residential transactions. For instance, municipal ordinances generally regulate dimensional issues applicable to the property such as street frontage, lot size and width, building height, surface coverage and required parking spaces. Zoning laws can also regulate business signage including number, size and types of signs permitted. In addition, previous non-conforming uses of a commercial property can create unanticipated zoning issues. In addition to zoning and land use regulations, commercial properties may be subject to other laws including the Americans with Disabilities Act.
There are different methods to structure commercial real estate purchases and sales. There are also a variety of commercial lease options.
Commercial real estate transactions may also involve unique title issues that require attention and legal assistance for resolution.
Despite these complexities, commercial buyers and lessees generally are not afforded the same legal protections that apply to residential transactions. Disclosures required for residential real estate transactions may not be required for commercial real estate transactions.
HKQ attorney Richard M. Williams notes that “An experienced real estate attorney can help clients navigate the maze of commercial real estate regulations, and help them stay in compliance.” Keep in mind that brokers/realtors cannot provide legal advice.
HKQ Law has, and continues to help businesses, developers, telecommunications companies, financial institutions, corporations, partnerships and other business entities, landlords and tenants, individuals and families, contractors, and industrial development authorities with a full range of real estate, zoning and land use services and counsel.
These matters include:
• purchases and sales
• real estate development
• real estate tax assessment litigation
• structuring and forming real estate entities
• zoning and land use planning
HKQ Law can:
• negotiate, draft, or review leases
• negotiate, draft, or review sales agreements
• provide advice on purchasing versus leasing
• review zoning, local ordinances, and land use issues
• handle property tax assessments appeals and litigation
• handle real estate litigation
• advise on types of deeds and lease options
Need help with a commercial real estate issue? Call the Business Attorneys at HKQ Law at (800) 760-1529. No one will work harder for your business.