What Would I Need Commercial Real Estate Lawyers For?

May 9, 2016 | Real Estate

What Types of Commercial Real Estate Transactions Benefit from Commercial Real Estate Lawyers?

Commercial real estate lawyers can provide legal guidance in commercial real estate transactions. A commercial real estate matter involves any property defined or used for conducting business or business purposes and excluded as a personal place of residence or for personal means.

As a result of the conveyance of property for a specified time as in a lease or a permanent transfer of property, issues can arise in the exchange of title or course of real estate transactions. Common disputes of commercial real estate involve commercial lease and property purchase agreements.

Why Do Commercial Real Estate Lease and Purchase Contracts Involve Lawyers?

Commercial leases involve the granting of one party by another party for the use of a defined premises or property for a specified or unspecified period of time. The lessor and the lessee enter into a lease contract to cover this agreement. Many times there are party differences in relation to the lease agreement that involve the conditions of the lease, obligation to repair the property, and early termination of the contract.

For the purchase of commercial real estate, the buyer, and the seller may disagree over a proposed or binding contract for the sale of the property or premises.

Some areas of commercial real estate disputes include:

  • Breach of purchase or lease contract is where one party does not perform according to the scope of the contract’s terms and conditions.
  • Specific performance occurs when a party does not comply with an action or actions specific in an agreement.
  • Real estate fraud involves the misrepresentation of one party to another, which results in damages to the party that was misrepresented.
  • Boundary disagreements arise when the property lines are not clearly illustrated or properly registered.
  • Co-owner conflicts happen when co-tenants, joint tenants, or partners disagree over legal matters and contractual rights.
  • Title insurance and insurance disputes are when the title of the property is in dispute, including the claiming of rights and/or title to the property by lien holders.

How Can a Commercial Real Estate Attorney Help Resolve Legal Disputes?

An experienced commercial real estate attorney can utilize and integrate business, contract, and real estate laws to define and support your legal conflict. An experienced real estate lawyer can research your case efficiently, including applicable case and statutory law. Then, your attorney will help you define your legal goals and prepare your legal action. Finally, your real estate lawyer will represent your rights both in and out of court. Whether it’s through mediation, settlement, or a court forum, the lawyer can manage this legal matter for you.

If you’re seeking out legal advice for a commercial real estate conflict or disagreement, click to contact the Wilbanks Law Firm, P.C. online.