When navigating any phase of a commercial real estate transaction you will appreciate the depth and breadth of Zuber Lawler’s real estate attorneys. We come from varied experiential backgrounds in development and construction, finance, regulatory, investment, and special use representations during good and tough economies. From due diligence and risk management to transaction structuring and regulatory compliance, Zuber Lawler’s commercial real estate lawyers play a pivotal role at every stage of the process. Their ability to navigate complex legal landscapes, negotiate favorable terms, and resolve disputes is essential for achieving successful outcomes in commercial real estate ventures. As such, partnering with our experienced legal counsel is indispensable for anyone involved in commercial real estate transactions. Several of our Zuber Lawler real estate attorneys have been acknowledged as leaders (Chambers USA, Best Lawyers in America, Martindale® and others) in the commercial real estate world.
Due Diligence and Risk Management
By deeply delving into facts descriptive of the real estate, we more fully understand the factual and legal issues precedent to closing the transaction. No commercial real estate transaction can be summarily replicated for another such transaction; rather, we Zuber Lawler real estate attorneys treat each parcel of raw land, apartment complex, office, retail and industrial building and commercial development as unique. Commonplace standardized forms often used by real estate brokers or even those developed by frequent investors, although readily available convenient to use, do not satisfactorily deal with those factual and legal issues presented prior to closing on that unique real estate, which is why we accompany clients on their path to discovery.
One of the primary roles of your commercial real estate lawyers is to conduct or manage due diligence activities on the real estate and the counterparties to the proposed transaction. Due diligence is a process, the results of which often affect the very terms of the transaction. Its goal is to make the counterparties aware of all material or potential issues and liabilities for current or near-future handling. Ultimately, it is a risk management practice, the exercise of which heavily contributes to minimizing hazards, costs and fees, and surprises. Our Zuber Lawler attorneys have handled due diligence activities for restaurants and other retailers, tenants and landlords, and data management center and industrial complex developers. We work closely with your in-house or contractor project manager.
Transaction Structuring
The structuring of commercial real estate transactions requires careful consideration of various factors, including current and new financing arrangements, tax implications, and exit strategies. Your Zuber Lawler real estate attorneys collaborate with other professionals, such as accountants, brokers and financial advisors, to devise optimal structures that align with your plans and objectives. We will ask for your end goal and how you want to reach it; we will understand how you want to play the deal; and, if these are not realistic or achievable, your Zuber Lawler attorney will tell you so. We are practical, collaborative, accountable and dedicated. Our added value is to intimately understand the real estate through our own and your due diligence practices so that we can provide you a detailed analysis of specific points of contention for resolution pre-closing.
Navigating Regulatory Compliance
Commercial real estate transactions, particularly those involving planning, zoning and constructing a real estate development or a heavily-regulated use (e.g., medical, alcoholic beverages, or legal cannabis) are subject to a myriad of federal, state, and local laws and regulations. Compliance with these laws and regulations is essential to closing on the transaction and avoiding additional costly delays and penalties, but ongoing compliance ensures that the stakeholders can realize upon their respective investments in the real estate. Zuber Lawler’s commercial real estate attorneys possess in-depth knowledge of these laws and regulations and can guide you through the multilevel mazes.
We have represented clients buying, selling or leasing highly-regulated businesses involved in agriculture, laboratory production and testing, imaging, pharmaceutical, chiropractic, and CBD and cannabis; restauranteurs, quick-stop fast food franchisees and bars serving food, alcohol, entertainment and CBD and/or cannabis to the public; and companies interacting (sometimes negatively) with the environment by having underground and/or aboveground petroleum-based storage tanks and dry cleaners who emit PERC, a known neurotoxin, into the environment. These regulated businesses, necessary to the provision of various key services, face both civil and criminal enforcement, and Zuber Lawler declares that these businesses are entitled to representation, too. Thus, Zuber Lawler’s real estate attorneys are on the lookout for regulatory non-compliance.