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Commercial real estate transactions can be challenging to navigate without a thorough understanding of the law. In addition to the standard buying and selling procedures associated with real estate transactions, commercial transactions often involve issues such as zoning, permitted use, and construction matters. Well-drafted contracts can help buyers, sellers, developers, and lenders avoid potential disputes. If you are facing a dispute and need legal assistance, a Coral Gables commercial real estate lawyer could help you address the issue.
Our real estate attorneys handle various legal matters, including sales and rental transactions, construction issues, and disputes involving contractors. Jacqueline Salcines also serves a dual role as both title agent and lawyer and is able to examine a title and guarantee that the commercial purchase and investment is a sound one. If you have questions about any aspect of commercial real estate, Jacqueline A. Salcines, P.A. is here to assist you.
Buyers, sellers, and third parties may encounter problems in the purchase and sale process. One common complication is financing, as many purchase agreements are contingent on the buyer securing funding. Often, the seller may provide seller financing, or the buyer may use a local bank or private lender. At Jacqueline A. Salcines, P.A., as both an accountant and real estate lawyer, we are keenly familiar with financing, reviewing, and interpreting mortgages, notes, and financing packages, as well as preparing and reviewing closing statements to make sure the buyer is not overcharged and costs of closing are consistent with the market and fair.
It is not uncommon for some commercial transactions, however, to end up in a dispute, and having a real estate lawyer representing you places the buyer or seller in the best position if the transaction ends up in litigation.
While litigation may be inevitable, however, it is also expensive. Many parties choose to resolve their issues through alternative dispute resolution (ADR) before resorting to litigation. This may include mediation, arbitration, and even informal resolutions that may lead to settlements. Exploring these avenues for compensation can be critical to achieving a favorable outcome. A commercial property lawyer in Coral Gables could help a party determine the best approach to address their conflict, ensuring they make informed decisions throughout the process.
Handling commercial leases is more complex than residential leases. In any landlord-tenant arrangement, the landlord provides property to the tenant in exchange for rent. For commercial properties, a landlord may have obligations to customize the space through build-to-suit arrangements before a tenant takes possession. However, landlords for residential properties generally do not need to customize the home for prospective tenants.
Additionally, many commercial leases involve shared property and lease limitations regarding non-competition in certain areas. A Coral Gables attorney experienced in real estate transactions and commercial property could help with commercial lease issues, such as:
Many of these cases will not proceed to litigation, as most leases include provisions for mandatory ADR. However, if the dispute involves an excluded issue, even leases with mandatory ADR may be resolved in court.
During the development of commercial property, disputes often arise between property owners and contractors or construction companies. For example, a property owner may be unsatisfied with the construction company’s performance, or the construction company may struggle to receive payment from the property owner. Large-scale construction often involves multiple parties on both sides of the transaction, making disputes complicated to resolve.
A Coral Gables commercial property lawyer could determine who, if anyone, is at fault for the issue and examine who has a legal obligation to their party. Sometimes, these two parties are not the same. In some cases, the wronged party may need to seek compensation from a third party that is responsible for the liable party. Having representation from the beginning could help buyers avoid any issues that arise during the contract to ensure a smooth and timely closing.
Even seemingly simple real estate transactions can involve multiple parties. For larger projects, it may be challenging to keep track of all moving parts and responsibilities. Even if you are skilled in project management, it can be easy to become overwhelmed.
A Coral Gables commercial real estate lawyer could help you with any issues related to commercial transactions. Whether you are facing disputes with a lease, sale, construction, title, or other matters, an attorney could help you address these problems. Schedule a consultation with our team today to learn more.
Jacqueline A. Salcines
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