Does it make any difference how I take title to commercial real property?

It makes a big difference how you take title to commercial real property. Most commercial real property is purchased in what we call a single-purpose entity, and that protects your other assets from liability in case of an issue with this particular real estate. Again, it’s really important to use an experienced real estate attorney...

What are the differences between a commercial real estate transaction and buying a house?

There are many differences between a commercial real estate transaction and buying a house but the most important is that a commercial real estate transaction is a transaction between professionals, whereas buying a house is a consumer transaction, which someone does maybe once or twice in their life. When you buy a house there are...

What does due diligence mean?

Due diligence is a term that we use to describe the inspection period in a purchase contract. For real property, that would mean the inspection of the real property. For personal property, it would mean the inspection of equipment. If you’re buying, for example, a business, you’d want to look at the books and records....

What is an environmental site assessment?

An environmental site assessment is required by most lenders when you’re buying commercial real estate. Most of the time they just want to make sure that you’re not located anywhere near a gas station or a dry cleaner. Usually this can be done by a check of the public records. Sometimes it’s done by a...

What is an estoppel certificate and why is this necessary in the purchase of commercial real property?

The estoppel certificate is usually a letter that you get from all of the tenants in commercial real property when you’re under contract to purchase it. It’s important, because in addition to looking at the leases, you really want to know what the tenant thinks his deal is with the landlord. So, for example, the...

What should be in a commercial real estate purchase contract?

Most commercial real estate purchase contracts are custom drafted for the situation at hand. They’ll include contingencies for things like zoning and for the tenancies and other due diligence items. It’s important to use an experienced real estate attorney when drafting these contracts.