Making the Move to Commercial Real Estate | Summary and Q&A

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May 9, 2023
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The Real Estate Lawyer
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Making the Move to Commercial Real Estate

TL;DR

Commercial and residential closings in North Carolina have several key differences, including attorney involvement, negotiating title commitments, zoning considerations, longer timeframes, and additional legal documents required for commercial closings.

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Key Insights

  • 🚱 Commercial closings in North Carolina often involve non-standard contracts, which requires attorney involvement in the negotiation process.
  • ⏯️ Zoning considerations play a significant role in commercial closings, as the property must be suitable for the intended use.
  • πŸ₯³ Commercial closings generally take longer than residential closings due to the involvement of various parties and external factors.
  • πŸͺ‘ Negotiating title commitments is more complex in commercial closings, as lender requirements and potential exceptions need to be addressed.
  • πŸ“œ Additional legal documents, such as estoppel certificates, personal guarantees, UCC financing statements, and subordination non-disturbance agreements, are necessary in commercial closings.
  • ☣️ Phase one environmental assessments are typically required in commercial closings to ensure there are no environmental hazards associated with the property.
  • πŸ˜„ Loan documents in commercial closings differ from residential closings, with additional provisions such as assignment of leases and personal guarantees.
  • πŸ’Œ Extra attorney work is involved in commercial closings, including drafting opinion letters and ensuring compliance with lender requirements.

Transcript

back to another episode of the North Carolina real estate show I'm Tiffany Weber real estate attorney in Mooresville North Carolina at Thomas and Weber and as I have been for the last several weeks I'm joined by my husband Ryan Weber I'm out of breath he has been running around like crazy getting all of this set up um yes I know this is where we sh... Read More

Questions & Answers

Q: When should an attorney get involved in a commercial closing?

Attorneys should be involved in the contract negotiation process as commercial contracts are often non-standard and require careful review and legal advice. This helps ensure all terms and conditions are properly negotiated and understood.

Q: What is the role of zoning in commercial closings?

Zoning is crucial in commercial closings as the property must be suitable for the intended use. This may involve engaging in the rezoning process or confirming that the existing zoning aligns with the desired use.

Q: How do commercial closings differ in terms of title commitment negotiation?

Commercial closings often require more back and forth with the title company due to lender requirements and potential exceptions that may need to be addressed before finalizing the title commitment.

Q: Why do commercial closings take longer than residential closings?

Commercial closings involve additional parties and factors, such as zoning authorities, environmental assessors, and contractors, which can impact timelines. Additionally, non-standard contracts and the negotiation process contribute to longer closing periods.

Summary & Key Takeaways

  • Commercial closings in North Carolina often involve non-standard contracts that require attorney involvement in the negotiation process.

  • Zoning considerations play a significant role in commercial closings, as the property must be appropriate for the intended use.

  • Negotiating title commitments is more complex in commercial closings due to lender requirements and potential exceptions.

  • Commercial closings generally take longer than residential closings due to the involvement of various parties and external factors.

  • Additional legal documents, such as estoppel certificates, personal guarantees, UCC financing statements, and subordination non-disturbance agreements, are necessary in commercial closings.

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