The Silent Deal Maker: Why a Top-Notch Commercial Real Estate Attorney is Worth Every Penny
Shawn Massey, CCIM, CRRP, ALC
Partner/EVP at TSCG - Retail Matchmaker - Retail Land GURU - The CRE Professor
When navigating the intricate maze of commercial real estate transactions, one question often arises: Is hiring a commercial real estate attorney worth the cost? The resounding answer is yes. A skilled attorney can be the silent deal maker, ensuring every aspect of your transaction is solid, compliant, and primed for success. Whether you’re leasing, buying, or selling, having a competent legal expert in your corner is not just a smart move—it’s an essential one.?
Why You Need a Commercial Real Estate Attorney?
Commercial real estate transactions involve more than just signing on the dotted line. These deals are layered with complex legalities, intricate negotiations, and a sea of documentation. A seasoned attorney brings expertise and peace of mind, helping you avoid pitfalls and achieve your goals efficiently. Here’s how they can make a difference:?
1. Mastering the Fine Print?
From leases to purchase agreements, commercial real estate documents are notoriously detailed and complex. Your attorney ensures every clause works in your favor, protecting your interests and safeguarding against hidden liabilities.?
2. Navigating Zoning and Land Use?
Zoning laws can be a labyrinth, differing not just by city but by neighborhood. Whether you’re opening a restaurant, building a warehouse, or repurposing a historic building, your attorney ensures your project complies with local regulations. They’ll also help you secure variances or permits when needed.?
3. Managing Property Titles and Rights?
A thorough title search is essential to ensure the property is free of liens, disputes, or encumbrances. Your attorney will identify and resolve these issues before they can derail your deal, protecting your investment and timeline.?
4. Structuring Development Projects?
Real estate development is a multi-phase process requiring precise legal coordination. Attorneys assist with site evaluation, financing, entitlements, and construction agreements, helping you avoid costly delays and legal missteps.?
5. Handling Negotiations with Precision?
Commercial real estate deals are high-stakes. An attorney’s negotiating skills can secure favorable terms on leases, purchases, or sales, often saving you more money than their fees cost.?
Key Services Provided by Commercial Real Estate Attorneys?
Drafting and Reviewing Leases/Purchase Agreements?
A well-drafted lease is crucial for both property owners and tenants. Standard lease templates often fail to address specific needs, leading to disputes down the road. Attorneys craft leases that are tailored, clear, and enforceable, ensuring both parties are protected.?
Ensuring Compliance with Zoning Laws?
Compliance with zoning laws is non-negotiable. Your attorney’s expertise in local ordinances can mean the difference between a green-lit project and a legal headache.?
Guiding Real Estate Development?
From land acquisition to the final sale or lease of a project, an attorney’s guidance ensures every phase aligns with legal and financial objectives.?
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Resolving Disputes?
Whether it’s a boundary disagreement or a breach of contract, commercial real estate attorneys are adept at resolving disputes efficiently, often avoiding costly litigation.?
Why Cutting Corners Can Cost You More?
Some may hesitate to hire an attorney, viewing the expense as an unnecessary add-on. However, the risks of proceeding without legal guidance often outweigh the savings. Mistakes in commercial real estate transactions can lead to:?
The Hidden Value: What a Good Attorney Brings to the Table?
Time Savings?
Handling the legalities of a commercial real estate transaction is time-consuming and requires specialized knowledge. By delegating this to an expert, you can focus on your core business.?
Risk Mitigation?
Commercial real estate is fraught with potential risks. An attorney’s due diligence helps uncover hidden issues, ensuring your investment is sound.?
Market Insight?
Beyond legal expertise, experienced attorneys often have insights into local market conditions, offering valuable guidance on property selection, pricing, and long-term viability.?
Final Thoughts?
Engaging a competent commercial real estate attorney is more than a safety net; it’s a strategic advantage. They bring clarity to complexity, transform challenges into opportunities, and help you achieve your objectives with confidence.?
Whether you’re leasing a storefront, purchasing a warehouse, or embarking on a major development project, a skilled attorney ensures every step of the process is seamless and secure. When it comes to commercial real estate, the right attorney isn’t an expense—they’re an investment in your success.?
So, the next time you ask yourself, “What’s a good attorney worth?” remember this: Their value far outweighs their fees. Don’t just make a deal—make a smart deal.?
Shawn Massey is an adjunct professor at The University of Memphis where he teaches a graduate class in real estate development and undergraduate/graduate in real estate investment. When he is not teaching, he is a full-time retail real estate advisor with TSCG. He holds the following designations CCIM, ALC through the National Association of Realtors and CRRP, CLS, SCLS designations through ICSC. To contact Shawn Massey please call (901) 461-7070 or via email at [email protected]?
Commercial Real Estate Executive
1 个月Absolutely spot on advice and rationale. Real estate is a strategic and priority piece of any business model that needs to be correctly documented.
Vice President Brokerage specializing in Landlord & Tenant Representation of Retail Real Estate.
1 个月Great article Shawn, I couldn't agree more. Keep up the good work and all the best for a great year ahead!
Senior Director of Real Estate at Propelled Brands
2 个月This is so true and something we try to ensure our Franchisees understand!
Vice President of Retail at Avison Young | Memphis
2 个月Great post Shawn! A good real estate attorney is always a key addition to a deal. Unfortunately a principal in the deal will sometimes hire an attorney who does not usually practice real estate, and can really mess things up. I’ve seen some really bad things over the years, like completely removing NNN’s in a shopping center deal, or only retrading already agreed to basic deal points from a fully executed LOI. This can be expensive for everyone involved and a deal killer to what could have been a mutually good deal for both sides. Hiring an attorney who regularly practices in or has a good understanding of commercial real estate is key.
Ben L. Amoson Jr. Retired as Director of Real Estate from Sherwin-Williams after 30 Years
2 个月I agree