Commercial Real Estate Representation
When you’re searching for commercial real estate representation, it’s important that you find an attorney with experience in the area. Whether you’re considering a property acquisition or selling a piece of real estate, you should first consult with a skilled attorney. At Mitchell Nachtigal, we’re prepared to perform the due diligence for your next commercial real estate transaction. Commercial real estate transactions often involve a large amount of capital. Our attorneys will work diligently to ensure you have the information you need to make the right decision for you.
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Contract Negotiation, Review & Drafting
Our experienced real estate lawyers will ensure that the terms of your contract ensure fairness to both parties, benefits your interests, and avoids any liability or loopholes that could lead to disaster.
We will review the contract with you, explain every term, and ensure you understand the terms of the contract in its entirety.
During contract negotiations, our attorneys will use their in-depth knowledge of the real estate industry and will serve as your advocate to make sure that your interests are protected.
Commercial Lease Negotiation, Review & Drafting
Our attorneys can draft a lease agreement, review your lease agreement, or resolve a dispute in a cost-effective, efficient manner, allowing you to focus on running your business. A commercial lease does not provide the same consumer protections that a residential lease agreement does, which is why it’s essential to have an attorney review the lease prior to signing. Agent Representation & Commission Agreements
Our real estate attorneys play an important role in facilitating agent representation and commission agreements, protecting the interests of both parties and ensuring a legally binding and fair arrangement.
If disputes arise regarding the agent’s commission, a real estate lawyer from our firm can mediate between the agent and the principal, seeking a resolution that is fair and acceptable to both parties.
Commercial Restrictive Covenant Preparation & Review
At Mitchell Nachtigal Law, our attorneys work closely with property developers or owners to draft well-crafted and legally binding restrictive covenants. These covenants may include restrictions on building height, architectural design, signage, usage types, and other aspects that maintain the desired character and quality of the commercial development.
Boundary Line Agreements & Disputes
Boundary issues can arise due to various factors, such as unclear property descriptions, survey discrepancies, historical land use, or encroachments.
If there is a boundary dispute, it can be resolved through mediation and negotiation. An attorney from our firm can act as a mediator to facilitate discussions between the parties involved, aiming to reach a mutually acceptable resolution. If both parties agree to adjust the boundary lines, we can draft a boundary line agreement to formalize the changes and prevent future disputes.
Easement Agreements & Disputes
Easement agreements can involve a range of issues, and disputes may arise when there are disagreements between the parties involved. We can assist in the creation and drafting of easement agreements. These agreements define the scope, location, duration, and purpose of the easement, as well as any associated responsibilities and obligations of both the easement holder and the property owner.
When disputes arise concerning the interpretation, scope, or use of an easement, we will represent your interests in resolving the matter.
Construction Contracts & Disputes
Construction projects involve complex legal agreements, and disputes can arise due to various issues, including delays, defects, payment disputes, and breaches of contracts.
We will carefully review construction contracts to ensure that all legal terms are fair and reasonable and comply with local laws and regulations. We will also verify that the contract includes appropriate provisions to address potential disputes.
Planning & Zoning
In the areas of planning and zoning, a real estate lawyer on our legal team can ensure that real estate development and land use comply with local regulations and zoning ordinances. We can assist you throughout the zoning process and help you achieve your development goals while adhering to legal requirements.
Entitlements refer to the legal approvals and permits granted by government authorities that allow a property owner or developer to use their land for specific purposes, such as construction, renovation, or rezoning. We can help by assessing the entitlements required for a specific development project. This involves understanding the local zoning regulations, land use restrictions, and other legal requirements applicable to the property.
An attorney from our firm can prepare the necessary deed documents required for the transfer. The type of deed used depends on the specific circumstances of the transaction, such as a warranty deed, quitclaim deed, or special warranty deed.
Transactional Document Preparation
We can prepare all transactional documents related to real estate transactions. An attorney on our legal team can draft and review purchase and sale agreements that outline the terms and conditions of the real estate transaction and prepare the necessary deed documents for the transfer of ownership.
We can also prepare:
- Lease agreements
- Closing documents
- Financing agreements
- Easement agreements
- Title documents
- Option agreements
- Exchange agreements
- HOA documents
- Construction contracts
Commercial Loan Document Preparation & Review
We can prepare and review a loan agreement, which outlines the terms and conditions of the commercial loan. This includes the loan amount, interest rate, repayment terms, maturity date, and any collateral or guarantees required.
Commercial Due Diligence Sellers, Purchasers, Lenders & Third Party
Due diligence is the process of conducting thorough investigations and assessments of a commercial property to identify potential risks, liabilities, and opportunities before completing a transaction. For sellers, we can assist in gathering and organizing all relevant documentation related to the property, such as title documents, surveys, leases, environmental reports, and any existing legal agreements.
For purchasers, we can conduct comprehensive due diligence to evaluate the property’s legal, financial, and physical aspects. We can also conduct due diligence on behalf of lenders to assess the viability of the loan and the property’s value as collateral.
Our attorneys may also conduct due diligence on behalf of third parties, such as investors or joint venture partners, who seek to assess the property’s potential profitability and risk factors before getting involved in the project.
Landlord & Tenant
Our real estate lawyers can draft lease agreements that outline the terms and conditions of the tenancy, including rent, lease duration, security deposit, maintenance responsibilities, and other important provisions.
We can also handle issues related to:
- Lease review
- Lease negotiations
- Rent disputes
- Security deposit issues
- Lease termination
- Tenant and landlord rights
- Fair housing compliance
- Lease renewals and extensions
Before initiating the lien release process, we will verify that the debt or obligation secured by the lien has been fully paid or satisfied. This may involve reviewing payment records, receipts, or other documentation provided by the debtor or lienholder. We will also conduct a title search to identify all existing liens on the property. This ensures that all relevant liens are accounted for and addressed during the release process.
Our attorneys can prepare the necessary lien release document. This document states that the debt has been paid in full and that the lien is no longer valid.
Non-Judicial Foreclosures & Workouts
At Mitchell Nachtigal Law, real estate attorneys can help guide lenders through the foreclosure process according to Texas laws and regulations.
Workouts are alternative arrangements negotiated between borrowers and lenders to avoid foreclosure. We can assist in the negotiation and preparation of workout agreements, which may include:
- Loan modification
- Forbearance agreements
- Short sales
- Deed in lieu of foreclosure
- Legal compliance
- Mediation and dispute resolution
Seller & Owner Finance
We offer services for seller and owner finance, including:
- Purchase agreement and financing terms
- A promissory note and mortgage/deed of trust
- Title search and examination
- Escrow services
- Due diligence
- Document review and explanation
- Compliance with regulations
Uniform Commercial Code Searches & Liens (UCC)
We can conduct UCC searches to examine the public records and identify any existing UCC liens on a debtor’s personal property. These searches are typically conducted at the state level.
We can also advise clients on lien priority issues, as the timing of UCC filings can affect the priority of the security interest in case of competing claims on the debtor’s assets.
Title searches are an essential part of real estate transactions to ensure that the property has a clear and marketable title. We can review public records and documents related to the property, including deeds, mortgages, liens, easements, judgments, and other relevant records.
SEC Regulation D for Commercial Real Estate
An attorney on our legal team can advise real estate developers and sponsors on the available exemptions under Regulation D that allow them to offer and sell securities without having to register with the SEC.
1031 Exchange Assistance
We can explain the rules and requirements of a 1031 exchange to ensure you understand the process and the benefits of deferring capital gains taxes. We can also help you identify potential replacement properties that qualify for the like-kind exchange, ensuring you meet the specific criteria under the IRS rules.
Complex Real Estate Entity Formations for Purchase & Development
We can assist you in selecting the appropriate legal entity for your specific real estate project. This may involve forming corporations, limited liability companies (LLCs), partnerships, joint ventures, real estate investment trusts (REITs), or other specialized entities.
Simple Entity Formations for Purchase or Development
At Mitchell Nachtigal Law, our attorneys can help you choose the most suitable legal entity for your real estate project. This may include forming a limited liability company (LLC), partnership, or sole proprietorship, depending on the specific needs and goals of the client.
Title Insurance Claims
We will review the title insurance policy and the specific circumstances of the claim to determine its validity and coverage under the policy. Our attorneys can also conduct a thorough examination of the property’s title records to identify any defects, liens, encumbrances, or other issues that may have caused the claim. We can communicate with the title insurance company to initiate the claims process, providing all necessary documentation and evidence to support the claim. Our attorneys can also negotiate with the title insurance company, opposing parties, or other affected parties to seek a fair and satisfactory resolution to the claim.
Contact Us Today
At Mitchell Nachtigal Law, our team of experienced real estate attorneys is dedicated to assisting clients in a wide range of commercial real estate-related legal matters. Whether you are a buyer, seller, investor, developer, landlord, tenant, or lender, our legal team is well-prepared to offer comprehensive guidance and support throughout the entire process. If you have any questions or require experienced legal support for your commercial real estate matters, schedule an appointment with a member of our skilled legal team today.