Commercial real estate is a big business, and many investors see it as a great opportunity to make money. Commercial real estate often includes buying, selling, investing in, developing, and leasing property. These transactions are usually quite large, and they often involve multiple parties. One misstep along the way could derail the whole deal or leave you on the hook for the financial consequences. In cases where disputes arise, a Houston real estate litigation and dispute attorney can help protect your interests and resolve conflicts efficiently.
An experienced commercial real estate attorney can help you through every aspect of these large and complex deals. Having an attorney assist with the planning and prep work that goes into a commercial real estate transaction is crucial to protecting your interests and giving you the best odds of success. Contact Porter Law Firm today to let us be your trusted partner during your next commercial real estate deal. Our experienced team is ready to get started helping you add to your portfolio and maximize your return.
Why Hire Porter Law Firm?
It is no secret that clients choose Porter Law Firm for all their real estate needs. First, Porter Law Firm has been a trusted partner for real estate and business clients in the Houston area since 2009. Next, many of our attorneys are also commercial real estate owners and investors, so they can offer you the advice that they would follow themselves. Some other reasons that clients choose us to represent them include:
- Getting a personalized and hands-on representation approach, with most clients getting their own dedicated attorney assigned to their case
- Having us manage every aspect of your commercial real estate project from start to finish
- As a boutique firm, we can provide flexible and efficient strategies that help get you the outcome you desire without breaking the bank
- We have the experience you need on your side during negotiations, but we also can aggressively litigate for you in court when necessary
At Porter Law Firm, we strive to be more than just your lawyer. We want to become a strategic partner for you and your business so that we can help you achieve your goals. Contact us today to schedule a consultation and let us go to work for you.
Why You Need a Commercial Real Estate Attorney in Houston
Commercial real estate involves so much more than just buying and selling. Commercial real estate projects can sometimes span years and involve millions of dollars. Land acquisition, development, construction, and leasing are just a handful of the issues that may arise during a commercial real estate deal. Having an experienced attorney help you with all these items can be critical to the success of your project. Some ways a commercial real estate attorney can help you with your next transaction are:
- Performing due diligence associated with property acquisition, such as title searches, zoning restrictions, and encumbrances
- Drafting and reviewing purchase and sale agreements
- Assisting with rezoning requests and attending all hearings associated with them
- Helping with financing arrangements and reviewing loan agreements
- Assisting you with development and construction contracts to ensure your interests are protected
- Writing and reviewing commercial lease agreements
- Handling disputes when they arise and litigating for you in court when necessary
As you can see, there is much more to commercial real estate than just buying or selling a property. We understand that you are likely treating your commercial real estate transaction as an investment. An experienced lawyer can help protect your interests and help maximize the return on your investment. Call Porter Law Firm today for an initial consultation to let us get to know you.
Business Entity Setup and Structure
Many investors use commercial real estate as an investment, and a business entity is often used in these situations. Whether you plan to form an LLC, partnership, or corporation, an experienced commercial real estate attorney in Houston can help you identify the most appropriate structure for your situation and goals. Your attorney can also help you draft the business formation documents and ensure that all local business rules and regulations are followed. For proper contract formation and review, a Houston contract formation and review attorney can ensure that agreements fully protect your interests.
Commercial Land Acquisition and Zoning
The first step in many commercial real estate projects is acquiring the land where development can occur. There is a lot of planning and prep work that must happen before the land is purchased. You should always consider using a commercial real estate attorney to help guide you through this step.
Prior to purchasing the land, due diligence must be performed. You should consider things like title searches, zoning regulations, potential encumbrances, and anything else that might interfere with your development or use of the property. Environmental concerns may also be raised during this time. If there are already buildings on the property, you should have inspections done so that you are aware of any potential repairs or maintenance that may be needed. You can review Houston’s development regulations to ensure compliance with zoning and land use requirements before making a purchase.
Any issues identified during the due diligence period should be cleared prior to purchasing the land. Failure to do so could leave you on the hook for the purchase but unable to develop or use the property as you intended. When property will be used for commercial purposes, rezoning requests are often needed. An experienced attorney can help you work with local governments to proceed through the rezoning process and get approval to use the property as you would like. In some cases, eminent domain issues may arise, and understanding your legal rights is crucial before proceeding.
Development and Construction Contracts
Commercial properties and projects can include a wide variety of opportunities. From small retail shops to multi-million dollar industrial sites, the types of contracts needed for these projects can vary widely. You should always have an experienced attorney review any of these contracts prior to signing them.
Some common types of development or construction that may occur on commercial sites include:
- Hotels or resorts
- Condominiums or high-rise multi-family buildings
- Office buildings
- Retail buildings
- Restaurants
- Industrial properties
Depending on the size of the project, construction may take months or even years to complete. The contracts associated with this work can be complex. Contracts may include financial incentives for completing the work early, penalties for late performance, and other terms. Having an attorney on your side can help protect your interests and minimize the risks associated with these lengthy and complicated construction projects. If disputes arise, you may need legal guidance in construction claims and disputes to resolve contractual disagreements.
Commercial Financing Arrangements
Most commercial projects are expensive, and loans are often required to get these projects completed. Many lenders have very specific requirements when it comes to commercial real estate or construction loans. The loan agreements can sometimes be much more complex than a traditional residential mortgage.
A commercial real estate lawyer can help you identify and negotiate with potential lenders. While some terms of the loan may be very strict, others may be negotiable. Negotiating favorable terms may be crucial to getting your project off the ground and across the finish line. For instance, some lenders may have strict requirements about how the property may be used. However, others may be more flexible with those restrictions. Let Porter Law Firm help you negotiate with potential lenders and find the best fit for your needs. Additionally, we can review loan agreements and make sure that you fully understand every detail before signing the documents. Having a Houston closing representation attorney by your side ensures that all financial and legal aspects of your transaction are handled properly, helping to prevent last-minute surprises that could derail the deal.
Commercial Lease Agreements
Commercial property is often leased, and a lease agreement is needed with every tenant. Commercial lease agreements are generally much more complicated than standard residential lease agreements. At a bare minimum, a lease agreement should contain the names and addresses of the parties to the lease, the start and end dates of the lease, and the payment terms.
Additionally, commercial leases may address land use restrictions and other types of covenants. Commercial property owners often have strict requirements about how their tenants may use and utilize the property. Certain types of businesses or behaviors may be prohibited, and this needs to be specified in the lease when appropriate.
Another item that is commonly addressed in commercial lease agreements is common area maintenance. This is common in office buildings and other properties that have common areas. Tenants typically share the expenses for the upkeep of the common areas on a pro-rata basis according to the portion of space they occupy. An experienced common area expense review attorney in Houston can help you review these expenses and make sure that the lease agreement property addresses them.
Foreclosures
Not all projects work out as expected. Sometimes things do not go as planned, and loans cannot be repaid. In those situations, a foreclosure may occur. Prior to starting the foreclosure process, a lawyer may be able to negotiate with the lender for updated payment terms or interest rates. This could allow the investor or owner to keep the property with more favorable repayment terms.
However, foreclosure is necessary in some instances. The type of foreclosure process that will be followed is governed by the details of the loan agreement. Most foreclosures follow a non-judicial process. This means that the lender can sell the property without filing a lawsuit and getting a court order to do so. Non-judicial foreclosures are usually quicker than the alternative, and they can happen in as little as a couple of months.
Whether your property is being foreclosed or you need to start foreclosure proceedings on a piece of property, Porter Law Firm is here to help. We can guide you through the entire process and help you protect your financial interests. Give us a call today to schedule a consultation and get started.
Handling Commercial Real Estate Disputes
When it comes to commercial real estate, disputes are bound to happen even with the best planning in place. When a dispute occurs, it is critical to have an experienced attorney who can help you get the dispute resolved. There are a few different methods that may be used to resolve commercial real estate disputes.
Mediation is a common method parties use to resolve commercial real estate disputes. Mediation allows both parties to negotiate and come to an agreement on a resolution. In most cases, mediation is quicker and less costly than litigation. Arbitration is another method used to resolve disputes in real estate. In arbitration, both parties present their cases to a neutral third-party arbitrator. The arbitrator hears both arguments and makes a decision about the outcome.
Finally, litigation is typically used as a last resort. When the parties simply cannot come to an agreement, a lawsuit may be filed. Litigation can be lengthy and expensive. However, it simply cannot be avoided in some cases. Working with an experienced attorney as early in the dispute as possible can help you avoid litigation and get the dispute resolved through alternative means. In cases where litigation is necessary, Porter Law Firm has the experience to aggressively fight for you in court and help you get the outcome you desire.
Additional Partners in Your Real Estate Journey
Not only is it a good idea to have a real estate attorney on your side during your commercial real estate journey, but there are several other partners who can help you along the way. Another benefit of having a lawyer who knows your business is the connections they can bring to the table. Some additional professionals you may need to use include:
- Commercial real estate agents
- Commercial lenders
- Appraisers
- Surveyors
- Title agents
Porter Law Firm can help you identify and utilize other professionals as necessary during your real estate transaction. Having all the right players on your side can help minimize your risk and give you the greatest odds of success with your next project.
Reach Out to a Houston Commercial Real Estate Lawyer Now
If you are considering commercial real estate as a potential investment opportunity, get in touch with a Houston commercial real estate attorney at Porter Law Firm today. We can help you with every aspect of commercial real estate, from acquiring property to leasing agreements with tenants. Our experienced team can help identify potential risks, minimize those risks, and protect your interests. We understand that you want to maximize the return on your investment, and we are prepared to help you do that. Contact us today to let us be your business ally and put together a strategy that will help you add to your portfolio. Reach out now to schedule an initial consultation and get started.