Commercial Real Estate Attorney

When Legal Counsel Matters in Commercial Real Estate

Commercial agreements frequently govern assets worth millions of dollars and define obligations that extend for years. Once executed, these contracts control default remedies, inspection rights, guaranty exposure, assignment flexibility, and survival of post-closing obligations.

Because commercial contracts are binding and heavily negotiated, the drafting stage is where protection is created. Ambiguity at execution becomes conflict at enforcement. Early legal involvement is particularly important when:

• Purchasing property with existing tenants

• Signing or guaranteeing a long-term commercial lease

• Negotiating tenant improvement allowances

• Structuring triple-net (NNN) lease terms

• Coordinating lender financing

• Acquiring property through an LLC or partnership structure

• Selling stabilized investment property

In commercial transactions, ambiguity benefits no one. Clarity at the drafting stage prevents leverage loss later.

Commercial Purchase & Sale Agreements

A commercial purchase agreement is a negotiated instrument that defines inspection rights, default remedies, financial allocation, and post-closing exposure.

Due diligence provisions determine how long a buyer may investigate the asset and under what conditions deposits become nonrefundable. Title and survey language controls objections and cure rights. Representations and warranties allocate responsibility for environmental conditions, lease compliance, litigation exposure, and operating expenses. Survival clauses determine which obligations extend beyond closing.

For buyers, disciplined drafting preserves meaningful exit rights during the inspection period and ensures access to necessary financial and operational records. For sellers, clarity limits post-closing exposure and creates certainty regarding default remedies.

The commercial purchase agreement sets the framework for the entire transaction. Every later document implements what that agreement defines.

Commercial Lease Negotiation

Commercial leases often define the economics of a business location for five, ten, or even twenty years. Rent structure, escalation provisions, common area maintenance (CAM) allocation, operating expense pass-throughs, assignment rights, guaranties, and default remedies must align with the business model of the tenant and the financial objectives of the landlord.

For landlords, a well-structured lease protects revenue stability and enforcement rights. For tenants, lease negotiation directly impacts occupancy cost, subleasing flexibility, renewal options, and exposure under personal guaranties. Our lease drafting often includes detailed provisions addressing use restrictions, exclusivity clauses, subleasing rights, cure periods, landlord self-help remedies, and indemnification obligations.

In commercial leasing, small drafting choices compound over time.

Due Diligence in Commercial Real Estate

Commercial due diligence extends beyond physical inspection. Buyers often review lease agreements, rent rolls, estoppel certificates, service contracts, operating expense reconciliations, environmental reports, zoning compliance, and insurance coverage. The purpose is to confirm that projected income and regulatory posture align with contractual representations.

Inspection rights and notice deadlines are strictly governed by the purchase agreement. Failure to object within the contractual period may waive significant claims.

Structured due diligence protects capital before it becomes irrevocably committed.

Closing & Commercial Real Estate Financing

Commercial real estate closings frequently involve layered documentation and lender coordination. In addition to the deed, transactions may include assignments of leases and rents, bill of sale documents, settlement statements, FIRPTA affidavits, loan agreements, promissory notes, security instruments, and personal guaranties.

Closing is not administrative. It is the legal execution of the negotiated structure. The documentation must reflect the economic terms precisely and avoid introducing unintended liability. Attention to detail at closing protects enforceability and preserves the negotiated allocation of risk.

Schedule a Commercial Real Estate Consultation

Whether acquiring, selling, leasing, or refinancing commercial property, early legal review provides clarity and preserves leverage.

Provide the property type, transaction stage, and your role (buyer, seller, landlord, or tenant). We will coordinate next steps promptly.