Harris & Hilton assists clients in the acquisition, construction, financing, leasing and disposition of commercial real estate. Commercial property transactions entail many issues that normally do not arise in residential transactions. When negotiating and entering into a commercial transaction, it is important that every aspect is thoroughly examined and carried out so that your interests are protected as such transactions entail many issues that normally do not arise in residential or other forms or business transactions. Examples include:
- Whether the property is zoned for the intended use
- Site plan requirements
- Restrictive covenants and easements
- Environmental and hazardous substance analysis
- Local governmental regulations, including the health and building departments
- Existing tenants and their respective leases
- Parking
- Direct or indirect access
- Driveway and entrance permits
- Debt and equity financing
- Synthetic leasing and sale leasebacks
- 1031 Exchange requirements
- Railroad corridor and easement
Undesirable consequences can easily be avoided by meticulous and prudent preparation. Harris & Hilton, P.A. attorneys and staff have decades of experience with commercial property and can ensure you avoid transactional problems while assisting you with the acquisition, construction, financing, leasing and disposition of commercial real estate. Such services include, without limitation, the following:
- The negotiation and drafting of letters of intent and contracts to purchase or sell real estate
- Due diligence investigation of the title to the property
- Securing title insurance
- Consulting on land use regulations and zoning issues
- Review of current leases and license agreements
- Survey review
- Easement issues
- Financing of the purchase price of the property
- Preparation and review of all required closing documents to consummate the transaction
- Ownership and development entity formation
Our real estate practice is also fully integrated with the related disciplines of construction contracts, contract disputes, financing, leases, estate planning, Federal and State tax planning, land use and corporate/LLC formations. An overview of a commercial project may entail some or all of these disciplines as the following example depicts.
| Preliminary Issues | Site Control Ownership Entity Tax Issues Due Diligence LEED/Sustainability Consideration |
| Financing | Equity Debt Public/Private |
| Approvals | Land Use Environmental Infrastructure Building Requirements |
| Closing | Title Clean-Up Title Transfer Complete Financing |
| Construction | Contract Negotiation Contract Management Contract Disbursement Construction Disputes LEED/Sustainability Legal Issues |
| Post Completion | Sale or Lease Management Ongoing Legal Maintenance |
Our attorneys can also assist you in carefully planning the formation of your company to maximize benefits and avoid unnecessary burdens. In addition, we are experienced with more complex structures and financing for commercial projects including 1031 Exchanges, synthetic leasing and sale leasebacks, Tenancy-in-Common (TIC), Federal and State historic tax credits.
Let us help ensure that your transaction is quick, seamless, and satisfactory.