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COMMERCIAL REAL ESTATE.
ENDEAVORLEGAL
attorneys advise clients on a wide range of real estate
transactions, including purchases, sales, leasing, land use,
secured financing, debt restructuring, investment/ownership
structuring and development and construction.
In representing clients in
the acquisition and development of real estate, our attorneys provide
assistance in:
Documenting and
negotiating the terms of purchases, sales and leases;
Negotiating architectural
and construction contracts;
Evaluating the constraints
of zoning regulations; and
Obtaining local and state
permits.
In addition to the legal
representation of clients in the acquisition of commercial facilities and
investment properties, we
regularly
advise our clients' principals and employees in regard to the purchase of
primary residences.
LEASING COMMERCIAL SPACE? BUYING COMMERCIAL REAL ESTATE?
CLICK HERE TO CONTACT US
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NEW BUSINESS CONSIDERATIONS: LEASING VS. PURCHASING AT A GLANCE
The following is a
brief overview of certain information regarding the leasing and purchasing
of commercial real estate for a
business
venture. Please contact us if you need legal advice regarding the
lease or purchase of commercial real estate for your business venture.
Leasing.
Leasing the real
estate
where a business will be located can be an attractive option for a new
venture as it is often less expensive in the short term. It also
provides the new business owner with the ability to abandon the property
after the lease term if the business is unsuccessful.
Many commercial leases
are for terms of five years with tenant options for one or more five year
extensions. If possible,
a new
business owner should negotiate an “option to purchase” into the lease – or
at least a “right of first refusal” on any proposed sale of the property.
One downside to leasing
is that the build-out, which is typically funded by the business, becomes
the property of the owner of the real estate. Another downside to
leasing is that rent payments generate revenue for the owner of the property
and this is money lost to the entrepreneur. It may be in the best
interest of the business to consider purchasing the leased real estate once
the business has been profitably operating for a reasonable period of time.
Purchasing.
One advantage to purchasing the real estate where a business will be located
is that the business will not be faced with the whims of the landlord such
as increased rents in future lease terms, refusal to renew a lease,
eviction, taking over the improved property for his own financial gain, and
sale of the property to an unfriendly third party. The entrepreneur
also benefits in a thriving real estate market as the growing equity in the
real estate increases the overall value of the venture. Ownership of
the real estate and the business should be held by two distinct legal
entities so that the investment in the real estate is shielded in the event
of a judgment against the business.
Additional ownership benefits include tax deductible interest payments on
the mortgage, deductible depreciation of the property, rental income from
any portion of the property not used by the business, and the freedom to
renovate or improve the property for the financial benefit of the ownership.
LEASING COMMERCIAL SPACE? BUYING COMMERCIAL REAL ESTATE?
CLICK HERE TO CONTACT US
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