Representing Clients in Commercial Real Estate Transactions
Commercial real estate can include buying, selling, and leasing properties for commercial use. This can range from a small business renting an office space from a commercial landlord to a commercial development business purchasing acres of land for construction projects. Commercial real estate deals are high-value transactions, and it’s important to have an experienced attorney on your side who can help you review contracts, negotiate deals, and protect your business interests.
If you’re interested in buying, selling, or renting real estate for business purposes in the Marietta area, contact InPrime Legal to set up a meeting with a commercial real estate lawyer.
What Can Commercial Real Estate Attorneys Help With?
Commercial real estate attorneys can help with anything related to transactions involving property that is going to be used for business purposes. This can include buying and selling commercial properties, such as office buildings, restaurants, retail spaces, industrial properties, hotels, and land that has been zoned for commercial purposes.
Commercial real estate lawyers can also assist with creating, reviewing, and negotiating commercial lease agreements. These leases are more complicated than those used for residential properties, and an attorney can be an invaluable resource for tenants and landlords alike.
These attorneys also represent clients in commercial real estate disputes. For example, if a business is renting a retail space and it floods because a water line breaks, the landlord would likely be responsible, depending on the terms of the lease. If the landlord refuses to fix the water line, the tenant may need to file a lawsuit against the landlord to get the issue addressed.
What Are Some Common Challenges That Arise During Commercial Real Estate Transactions?
Commercial real estate transactions are complicated, and there are many points during the process where issues can arise. Here are some potential issues to be aware of:
- Securing financing: Buyers may have more difficulty getting loans for commercial properties due to their size and value.
- Environmental issues: It’s important that any commercial property be assessed to ensure that there are no current environmental issues and that the intended use of the property won’t create any issues in the future.
- Zoning restrictions: As stated above, zoning laws can have a major impact on how a space can be used and what kind of businesses can operate in it. If you find out that the property you’re buying isn’t zoned for your business needs, you may need to back out of the deal.
- Real estate disputes: In some cases, there may be issues that arise during the due diligence period or during contract negotiations. An attorney can help you navigate these disputes and come to a resolution.
How Do Zoning Laws Affect Commercial Real Estate?
Land use is a regulated area, and space generally needs to be zoned for commercial or business use to be able to use it as such. For example, areas zoned as residential are usually off-limits to businesses. Commercial zoning can be for retail spaces, offices, and industrial or manufacturing.
In addition to specifying what land can be used for, zoning laws can also dictate what happens on the property to a degree. For example, if a property is zoned only for commercial retail space and a business wants to use its space for manufacturing its product as well, the owner may need to ask for a variance or permit. If the property is part of a historic district, you may have to get permission even for small changes, such as painting the exterior of the building.
Zoning rules can also impact things like parking and accessibility. It’s important to know how any property you are interested in is zoned and what impact that could have on your business now and in the future.
How Are Commercial Leases Different From Residential Leases?
Commercial and residential real estate are very different, even though they both involve property transactions. While some of the basic aspects of landlord-tenant law still apply, commercial lease agreements involve higher amounts of money, are more complicated, and have a far greater ability for customization.
Residential leases generally only last for a year at a time — and can be as short as one month at a time — but it’s not unusual for a commercial lease to be signed for several years at a time. This helps ensure the business will have a space to operate out of and gives the landlord the security of a steady tenant.
A commercial lease may also include provisions for subleasing, improvements to the property, what kind of business the tenant can operate, and procedures for terminating the lease. Because these lease agreements are so complex, it’s crucial to have an attorney who is familiar with commercial real estate contracts review any documentation before you sign.
Who Is Responsible for the Maintenance of Leased Commercial Properties?
When you rent a residential property, landlords are generally still responsible for any maintenance issues with the property. This includes things like replacing appliances, dealing with leaks, and completing regular maintenance. However, this isn’t always the case with a commercial lease. It is possible for the lease to state that these things are all the landlord’s responsibility, but it’s more common for at least a portion of the maintenance or the associated expenses to be passed on to the tenant. If you’re not sure what you’re responsible for, review your lease agreement with an attorney.
Whether you’re interested in buying a property for development or you have an issue with a commercial lease issue, InPrime Legal is here to help. Our full-service firm can help with a wide range of commercial real estate matters, from negotiating purchase contracts to evicting commercial tenants. Call 770-282-8967 to set up a meeting with a commercial real estate attorney today.