Real estate
Commercial Transactions
Real estate
Commercial Transactions
We assist clients not only in the acquisition and closing process, but also in the leasing and/or development of the respective commercial property. Our attorneys have been involved in numerous 1031 Tax Deferred Exchange transactions and work with clients and Qualified Intermediaries to facilitate anything from small commercial exchanges to larger, more complex exchanges involving multiple parcels.
- Negotiate and prepare the Letter of Intent and/or Purchase and Sale Agreement
- Research and resolve any issues regarding property title and zoning
- Investigate any environmental or MESA issues
- Provide title insurance with appropriate endorsements and coverages
- Prepare relevant transactional instruments
- Review existing lease agreements
- Negotiate and prepare new lease agreements or renewals
Butters Brazilian LLP’s real estate attorneys also draft, review, and negotiate large commercial and mall leases for lessors and lessees, and facilitate commercial lease transactions for office buildings, multiunit tenant buildings, restaurants, shopping centers, mixed-use buildings, and warehouses.
Frequently Asked Questions
A commercial transaction covers contracts or deals between businesses—buying or selling goods or services, business asset sales, leases, joint ventures, distribution agreements, licensing, franchising etc. It includes drafting, negotiating, executing, and enforcing those contracts.
- Make sure key terms are in writing: price, payment schedule, warranties, deliverables, deadlines, termination rights.
- Identify and address risks: liability, indemnity, intellectual property, confidentiality.
- Vet the other party: financial stability, reputation, whether they really can deliver.
- Consider whether you need non-compete, non-disclosure, or non-solicitation clauses if relevant.
- Vague or ambiguous contract terms that lead to disputes over meaning.
- Not accounting for regulatory/compliance requirements (zoning, licensing, permits).
- Failing to handle due diligence of assets, title, liens, encumbrances.
- Overlooking tax implications, change in law risk, or conditions precedent to closing.
- Build in clear remedies: liquidated damages, specific performance, indemnity, termination clauses.
- Use dispute resolution mechanisms like arbitration or mediation in the contract.
- Keep good records: communications, performance, failures.
- Engage legal counsel soon to assess strength, send demand letters, preserve rights.
In general, you have six years for breach of written contract actions. If the contract is oral, the time may be three years under certain circumstances.
Make sure to check the deadline for your specific case so you don’t lose your ability to sue.
