What should be included in a purchase agreement when buying a commercial property?
When Buying Commercial Property
It is important to have a purchase agreement in place that outlines the terms and conditions of the purchase transaction. The purchase agreement should include the following elements:
- Description of Property: The purchase agreement should clearly describe the property being purchased, including its address, legal description, and any other relevant details.
- Purchase Price: The agreement should specify the purchase price of the property, including any deposit or earnest money that is being paid.
- Payment Terms: The agreement should outline the payment terms, including the schedule of payments and any escrow arrangements that may be required.
- Due Diligence: The agreement should include a due diligence period for the buyer to review the property and any related documents or information. This should include a list of documents that must be provided by the seller, such as surveys, appraisals, or environmental reports.
- Contingencies: The agreement should include any contingencies that must be met for the sale to proceed, such as the buyer obtaining financing, or the property passing a property inspection.
- Closing Date: The agreement should specify the closing date for the transaction, as well as any provisions for extensions or delays.
- Closing Costs: The agreement should specify who is responsible for paying closing costs, including any transfer taxes, title fees, or other expenses.
- Representations and Warranties: The agreement should include representations and warranties from the seller regarding the condition of the property, any liens or encumbrances, and the seller's authority to sell the property.
- Dispute Resolution: The agreement should include provisions for resolving any disputes that may arise, including alternative dispute resolution mechanisms such as mediation or arbitration.
It is important to work with a licensed attorney to review and prepare a purchase agreement to ensure that all necessary provisions are included and to protect your interests.