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Los problemas legales más comunes en bienes raíces comerciales

  • POR Rodney Warner
  • Artículos, Bienes Raíces

  • Al corriente: Abril 01, 2019 06:43 AM EDT
  • Actualizado: Agosto 05, 2019 08:14 AM EDT

You are an up and coming commercial real estate agent, the sky is the limit for your career. 

The transactions are piling up and so are the commissions and “atta boys” from your firms’ partners. However, one thing to keep in mind is that as the scale of real estate transactions increase, so does the potential for legal issues, which can cause headaches and jeopardize deals. 

Some of the most common legal issues in commercial real estate transactions can be avoided with a bit of foresight and strong legal advice. This process starts with due diligence. Researching the nuances of the title and zoning for a property can be an arduous task, even for an experienced commercial real estate professional. Between identifying easements, property corners, issues with intended use, and cross referencing those details with local and state regulations, buyers and sellers may not have the time to focus on the property itself. 

Without due diligence, issues can be encountered with even the seemingly simplest of real estate transactions. Each real estate transaction is unique. You can’t always compare the data and information of one commercial transaction to another, because the zoning and laws for one property may be quite different from another. This holds true even for properties next door to each other!

There may not be an exact comparable property to look at when trying to determine a true value of your investment. Factors to look for include similar location, age, size and use. The potential that a commercial property has for future income must also be assessed with its present revenues. Because of the many variables that may influence a property valuation, buyers and sellers can legitimately come to different values based on different perspectives. Many times, an experienced third party appraiser who understands the legal aspects of the transaction is vital in coming to an agreement that suits both sides. 

Aside from assessing property value and dealing with the regulatory framework of a commercial real estate deal, buyers and sellers must also decide who will assume liability for present and potential problems in the transaction. For instance, environmental hazards, code violations and rusty machinery may all affect the utility of a building. Local and state law may or may not determine liability for these issues. It is also quite possible that an assumption of liability on one side or the other may change the final price on the property. 

It can be difficult to move forward in commercial real estate if you do not know who is legally and ethically responsible for any shortcomings the property may have. You should not accept any liability that is not yours, and do not move forward with any deal until liability for every contingency has been fairly delegated.

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