What legal steps should be taken before purchasing a commercial property?
When considering the purchase of a commercial property, it is important to take several legal steps to ensure that the transaction is valid and secure. Here are some legal steps that should be taken before purchasing a commercial property:
- Conduct a thorough due diligence: Before purchasing a commercial property, it is important to conduct a thorough due diligence to ascertain that there are no legal issues with the property. This includes reviewing the title of the property, checking the zoning laws and land use regulations, reviewing any environmental issues or hazards, and checking for liens, mortgages or any other financial encumbrances. Engaging the services of a reputable lawyer, a licensed surveyor or an experienced real estate professional can help ensure that the due diligence is done correctly.
- Negotiations and drafting of purchase agreement: Once the due diligence process has been completed, it is time to enter into negotiations with the seller. The agreement should address key issues such as the purchase price, closing date, and any contingencies or warranties regarding the property. A purchase agreement should be drafted by a competent attorney to ensure that it is enforceable and legally binding.
- Review the Lease and Rental Agreements: If there are any tenants on the property, it is important to review the lease and rental agreements to ensure that they are in compliance with all relevant laws and regulations. You will need to add a clause that requires the seller to provide existing leases for the property.
- Obtain Appropriate Insurances: It is essential to obtain appropriate insurances before the purchase of the commercial property. This includes property insurance to cover any damage, casualty, or loss that may occur to the property, as well as liability insurance to protect against any claims from third parties who may be injured on the property.
- Obtain Necessary Licenses and Permits: Depending on the type of business you intend to run on the commercial property, you may need to obtain certain licenses and permits. This includes permits and inspections from local and state authorities for certain types of businesses, such as restaurants, grocery stores, or manufacturing facilities.
Overall, purchasing a commercial property requires careful consideration and attention to legal details. Following these steps will ensure that the transaction is valid and that you are protected legally. It is advisable to seek guidance and support from an experienced attorney to ensure you are making informed business decisions.