We’ve started a three-part series on our blog to explain the role of a commercial real estate lawyer. Any real estate deal is a complex process that requires due diligence, but commercial real estate has more regulations and people involved, so lawyers play a crucial role. In fact, a lawyer plays many roles in a commercial real estate transaction. To help our clients understand what a lawyer does during a commercial real estate transaction, we are taking a look at the many roles a real estate lawyer plays.
Join us as we continue our exploration of the roles and tasks of a commercial real estate lawyer.
Regulatory Compliance and Permitting
Many laws and regulations cover transactions, developments, and uses of commercial real estate. A lawyer ensures that their clients comply with federal, state, and local regulations throughout the process. Some of the regulations lawyers deal with include:
- Zoning and land-use laws
- Building codes and safety regulations
- Environmental laws (e.g., compliance with environmental impact assessments)
- Local permitting requirements (e.g., construction permits, occupancy permits)
Tax Considerations
It’s impossible to separate real estate from taxes. Lawyers help their clients balance limiting their tax burdens and staying within the law. Buying, selling, and developing commercial real estate all have tax implications, including:
- Property tax issues
- Structuring the transaction in a tax-efficient manner
- Guidance on tax incentives or exemptions that may be available, such as historic tax credits or opportunity zone investments
Dispute Resolution
Few real estate transactions are finished without a dispute or two along the way. Often, these disputes are minor and easy to resolve, but a lawyer can help smooth out these issues. Lawyers can help resolve disputes that arise during or after a real estate transaction, such as:
- Breach of contract claims.
- Landlord-tenant disputes (e.g., rent non-payment, eviction, or lease violations).
- Construction disputes (e.g., delays, quality issues, or failure to meet contract terms).
- Title disputes (e.g., unclear ownership or outstanding liens).
Commercial Real Estate Lawyer | Feniger, Uliasz & Stacey
Whether you are in the middle of a real estate transaction or exploring your options, our team at Feniger, Uliazs & Stacey can help. Contact us today for more information about our services.