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When Do You Need a Commercial Real Estate Attorney?

Coppaken Law Firm June 28, 2024

Buying and selling commercial real estate often involves complex contracts, negotiations, and legalities. If you’re venturing into this territory, knowing when to call a commercial real estate attorney can save you time, money, and headaches. 

Here are a few matters you’ll need a skilled commercial real estate attorney to help you with: 

Property Purchase or Sale 

Buying or selling commercial property involves substantial investment and risk. An attorney can review contracts, handle title searches, and manage closing details. This expertise helps you avoid costly mistakes and ensure a smooth process. 

Drafting and Negotiating Leases 

Lease agreements for commercial properties are often long and complex. Our attorneys can help draft and negotiate terms that protect your interests. We make sure you understand every clause and its implications, ensuring you receive a fair deal. 

Handling Zoning and Land Use Issues 

Finding your way through the maze of zoning laws and land use regulations can be daunting. An experienced commercial real estate attorney can advise you on permissible uses for a property, assist with obtaining necessary permits, and help you challenge adverse zoning decisions. This ensures that your property is utilized to its fullest potential without running afoul of local regulations. 

Resolving Landlord-Tenant Conflicts 

Conflicts between landlords and tenants can arise over maintenance responsibilities, lease terms, or rent disputes. A commercial real estate attorney can provide guidance and mediate such conflicts, helping both parties reach an amicable resolution. If necessary, they can also represent you in court to protect your rights and interests. 

Compliance With Environmental Laws 

Environmental regulations can significantly impact commercial real estate projects. An attorney well-versed in environmental law can conduct environmental assessments, and ensure compliance with federal, state, and local laws. This is critical for avoiding penalties and for facilitating a smooth transaction. 

Structuring Property Development

If you're planning to develop commercial property, an attorney can manage the legal aspects, from acquisition and financing to construction and leasing. They can draft and review construction contracts, obtain necessary approvals, and ensure that your development project complies with all legal requirements.  

Due Diligence 

A commercial real estate attorney will thoroughly investigate the property to uncover potential issues that could affect the transaction. This could include checking for liens, verifying zoning laws, reviewing environmental reports, and ensuring the property complies with all local regulations. 

Managing Finances 

Commercial real estate transactions often involve complex financing arrangements. An attorney can work through the terms and conditions of loans, ensuring that the financial arrangement is favorable and feasible. They also assist in negotiating terms with lenders and can structure financing to benefit the client. 

Handling Disputes 

Disputes can arise at any stage of a real estate transaction. Whether it's a disagreement over contract terms, tenant issues, or boundary disputes, a commercial real estate attorney can provide representation and resolve conflicts through negotiation, mediation, or litigation if necessary. Their expertise ensures that disputes are resolved professionally and efficiently. 

Closing Transactions 

Closing a commercial real estate deal involves an array of documents and final checks. An attorney ensures that the closing process goes smoothly, that all necessary documents are correctly executed, and that the property title is clean and transferred properly. They also address any last-minute issues that could derail the transaction. 

Real Estate Laws in Kansas & How Our Attorneys Can Help

Compliance with state-specific regulations is necessary to protect your investment. The following legislative matters need to be handled with care, and our attorneys can help you navigate through them: 

Homestead Exemption 

Kansas offers a homestead exemption, which can protect a portion of your property from creditors. Our attorneys can help determine if this applies to your situation. 

Transfer-on-Death Deeds 

Kansas allows for transfer-on-death deeds, simplifying the transfer of property upon the owner’s death. We can assist in drafting these deeds to ensure a smooth transition. 

Adverse Possession 

Adverse possession laws allow an individual to claim ownership of land under specific conditions. In Kansas, this requires the possessor to occupy the land openly, continuously, and without the owner's permission for a statutory period of 15 years.  

Mechanic’s Liens 

Kansas law permits contractors, subcontractors, and suppliers to file a mechanic’s lien against a property to secure payment for labor or materials provided.  

Foreclosure Procedures 

The foreclosure process in Kansas requires strict adherence to legal procedures. Whether you are a lender seeking to foreclose or a property owner facing foreclosure, understanding these procedures is critical.  

Property Tax Regulations 

Kansas has specific regulations regarding property taxes, including assessment methods and payment deadlines. Failure to comply with these can result in penalties or liens against your property.  

Landlord-Tenant Law 

Kansas has detailed statutes governing the landlord-tenant relationship, including requirements for security deposits, eviction procedures, and maintenance responsibilities.  

Eminent Domain 

Eminent domain allows the government to take private property for public use, with compensation to the owner. If your property is subject to eminent domain, legal representation is crucial.  

Speak With an Overland Park Real Estate Lawyer

At Coppaken Law Firm, Jeff brings a decade of business experience and legal expertise to the table. Before becoming an attorney, he spent nearly a decade in sales, marketing, and customer service. This experience gives him a unique insight into business models and client needs. Jeff has been featured in Forbes’ blog as part of the Forbes Legal Council. His expertise and practical advice have earned him recognition and respect in the legal community. 

Jeff understands that you catch more flies with honey than vinegar, yet he’s no softie. His approach is rooted in common sense and practicality. He manages expectations realistically and provides practical, effective solutions. Whether you’re buying, selling, leasing, or dealing with disputes, Jeff and his team are here to help.