A commercial real estate lawyer helps businesses purchase or sell commercial property. The attorney helps clients understand zoning laws and can negotiate contracts that protect the business owner’s rights. This eliminates the need for intermediaries who are interested in receiving commission on the sale.
The lawyer can also help a buyer research land or property for any liens or tax debt. This can avoid a bad investment.
Land use and zoning laws
Whether you need a property tax abatement, or your property is subject to environmental regulations, a commercial real estate attorney can help. A lawyer can also facilitate the formation and operation of condo and co-op boards, draft enforceable bylaws and contracts, and help you to navigate disputes with other owners.
Zoning laws and land use issues are typically local law matters, and the specifics can vary from one municipality to another. They dictate what types of businesses can operate on certain plots of land, and may limit what you can do with your own property. If you want to use your property for a purpose that isn’t permitted under zoning rules, you may need to apply for a variance.
Real estate development law
Real estate development law concerns the buying, selling and leasing of commercial property. This involves navigating local land use laws, reviewing contracts and handling title issues and liens that could jeopardize your project.
Real estate developers often work with partners or investors. They may have questions about the best way to structure ownership on their deeds (including joint tenants with rights of survivorship versus tenants in common).
A skilled real estate lawyer can help ensure that you and your partner are protected by clearly written contracts. By proactively addressing potential areas of contention in NY’s dynamic real estate market, you can minimize the risks of costly and time-consuming legal battles.
Easements
Easements are the rights to use a portion of your property for a limited purpose. They typically run with the land and continue even when ownership changes hands.
Real estate transactions are often complex, and commercial real estate lawyers are necessary to ensure that you get the best deal possible. They can review and draft contracts, handle title issues, and negotiate with lenders.
They also can help you understand the differences between joint ownership and tenants in common, which can affect your rights both during your lifetime and when one of you passes away. They can also address issues related to boundary lines and easements.
Financing
When purchasing commercial real estate, you need to find a lender who will finance your purchase. This process involves a great deal of paperwork, including tax records and financial statements.
A commercial real estate lawyer can help you locate a lender and negotiate loan terms. He or she can also advise you on financing options, such as a conventional mortgage or government-sponsored agency loans.
While a commercial real estate attorney may cost money, their knowledge and expertise can make the purchase process easier and safer. They can also help with zoning laws, land use and other legal issues. They can also protect your interests and defend your rights in a dispute.
Landlord-tenant disputes
Landlord-tenant disputes are an inevitable part of the commercial real estate business. A good attorney can help prevent problems before they occur and work quickly to resolve them when they do.
Lease agreements should clearly outline the responsibilities and legal rights of both parties. An attorney can draft these agreements for landlords and review them for tenants to ensure that both parties are protected.
Often, tenant disputes can be resolved by negotiation or mediation. A lawyer who is familiar with the landlord-tenant laws of New York can help facilitate these negotiations and defend clients in court when necessary. They can also draft legal complaints and answer interrogatories or requests for production of documents.
Contract drafting and review
Real estate law is a complex area of practice that involves a wide variety of issues. A good commercial real estate lawyer can help clients make the most of their investments and protect their rights.
Contract drafting and review are crucial skills for anyone involved in real estate transactions. A good attorney can create a legally binding contract and review contracts presented by other parties in the transaction.
When a contract is too vague, it can be hard to understand and enforce. A good attorney can draft contracts with clear language and ensure that they reflect the intention of all parties. They can also help negotiate terms and conditions that are in the best interests of the client.
