What legal steps do I need to take if I want to sell or lease commercial real estate property?
If you want to sell or lease commercial real estate property, there are several legal steps you need to take:
- Obtain a title search and survey to ensure you have legal ownership of the property.
- Review any existing contracts, agreements, or easements related to the property.
- Determine the current zoning and land-use regulations pertaining to the property.
- Draft a purchase agreement or lease agreement that outlines the terms and conditions of the sale or lease.
- Negotiate with potential buyers or tenants to settle on a fair price and ensure you are in compliance with any applicable laws or regulations.
- Conduct due diligence on the potential buyer or tenant to ensure they have the financial means to complete the transaction.
- Hire an attorney to review and possibly draft the sale or lease agreement and to advise you on any legal issues that may arise.
- Complete any necessary paperwork or filings, such as transfer documents or deeds, with the relevant county or state agencies.
- Close the transaction and transfer ownership or possession of the property.
It's important to note that there may be limitations, exceptions, or additional steps required depending on the specific circumstances of the property and the parties involved. For example, if the property is subject to a mortgage, the lender may need to approve the sale or lease. Additionally, if the property is leased to a tenant, there may be restrictions on your ability to sell or lease the property.
To ensure a smooth transaction, it's best to consult with a licensed attorney who specializes in real estate law in the relevant jurisdiction. The attorney can provide tailored advice and guidance on the legal steps necessary to sell or lease commercial real estate, taking into account any relevant laws, rules or regulations, and contracts related to the property.