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Commercial Real Estate Lawyers
at O'Flaherty Law

Not All Commercial Real Estate Lawyers
Are The Same

Selecting a highly experienced attorney with an excellent support team who can handle your commercial real estate needs is essential when you are looking for a commercial real estate attorney to represent you. The team at O’Flaherty Law can represent you in a broad range of commercial real estate issues, from the sale to a complex commercial lease for your business. The team at O’Flaherty Law can also represent you in commercial real estate litigation, whether it is the breach of a commercial real estate sale contract or you’ve been served with an eviction notice.

The potential issues presented by a commercial real estate legal problem tend to be costly ones; you cannot afford to ignore a potential legal problem. Given that commercial real estate is never cheap, you cannot afford to make a mistake or ignore a commercial real estate problem; an easily avoided mistake could cost you thousands of dollars. It is best to have an attorney guide you through all commercial real estate transactions. O’Flaherty Law is different because not only do we offer experienced and aggressive legal representation, but our client service is second to none.

O'Flaherty Commercial Real Estate Lawyers - What We Can Offer

With our real estate law team you can rest assured that you are getting experienced legal advice. We offer legal representation and services that covers many areas of commercial real estate, including:

Remote consultation

Remote Consultation

The uncertainty of the Coronavirus, doesn't mean you have to put your legal needs on hold. You can receive a consultation and most legal services without leaving your home. Our attorneys are happy to speak to you by phone, video conference, or e-mail.

Buying and selling commercial real estate

Buying & Selling

Commercial real estate transactions can fail for a multitude of reasons. The due diligence process involves reviewing title, survey, zoning, lien, and code violations, environmental matters, and things only get more complicated when need governmental approvals.

Landlord tenant disputes

Landlord-Tenant Disputes

Whether a landlord or a tenant, your rights should be protected during the negotiation and lease drafting process. When a dispute arises, passionate representation resolves litigation and evictions proceedings.

Zoning and Development

Zoning & Development

Securing the proper zoning entitlements and dealing with land issues can be a complex legal matter. Often, local zoning laws, land use procedures, and substantive laws vary from town to town and city to city.

Litigation

Litigation

We will aggressively protect your rights and fight on your behalf to achieve an efficient and cost-effective favorable outcome no matter the legal issues, whether commercial litigation, fraud, defamation, negligence, etc.

Awarded Best Child Support Lawyers in ChicagoAward Best in Client SatisfactionAvvo Clients' Choice in DivorceKevin O'Flaherty Award Rising Stars Super LawyersEstate Planning Law Best in Client SatisfactionAward Best 40 under 40

Commercial Real Estate Buying or Leasing

When you make the choice to work with our team here at O’Flaherty Law, we will begin with an initial consultation where you meet with an experienced commercial real estate attorney to have a frank conversation about your needs and goals. Once an agreement is signed between you and O’Flaherty Law, our team will begin working towards helping you reach whatever your goal is in commercial real estate. You can count on regular updates and straightforward discussions about fees upfront. We have an open-door communication policy with our clients here at O’Flaherty Law and you can rest-assured that your questions and concerns will be addressed promptly.

Schedule attorney consultation

Attorney Consultation

The purpose of a consultation is to determine whether our firm is a good first for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. We take your legal matters very seriously, which is why with each consultation, we strive to ensure you feel confident about the future of your case.

  • Attorneys experienced in many areas of law
  • Sympathetic yet effective counsel
  • Putting the best interests of you and your children first!
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What to Expect from Your Commercial Property Attorney

Buying or selling a commercial property can be a much more complex endeavor than selling a home. Several issues can arise during the buying, selling, financing, and developing of commercial property, and trying to navigate the process alone or even with the help of a commercial real estate agent can be challenging. Commercial real estate purchases also have many more laws and regulations than buying a home, all of which must be followed for the transaction to be valid.  Your attorney will review all the pertinent information and documents and consult with you regarding financing, construction, zoning, and environment laws, title insurance, taxes, and any other questions or issues associated with land use and development.  

An experienced commercial property attorney is essential for negotiating purchase or lease terms. Not only does a commercial real estate attorney save you time and money when closing a deal, but they protect your interests during negotiations and help you better understand applicable laws. At O’Flaherty Law, we are committed to clearly and concisely explaining the commercial real estate process in plain language. Our attorneys and entire support team will promptly respond to your questions and concerns; we do not speak in “legalese.” You can expect a superior level of client service and professional representation.

What Does a Commercial Real Estate Lawyer Do?

Commercial real estate

Your O’Flaherty Law Commercial Real Estate lawyer will be able to guide you through the process of buying or selling commercial real estate with a special eye out for potential legal issues. A commercial real estate attorney should explain the process to the client in a straightforward manner, ensuring that the client understands the steps of the transaction and what is taking place. Your commercial real estate attorney will save you time closing on a deal, protect your interests during negotiations and help you understand applicable laws. In addition, your attorney will ensure the agreement is legitimate and, at times, get you better pricing. A good commercial real estate attorney will help a seller make any necessary disclosures to avoid future liability. On the buyer’s side, an attorney can ensure the buyer does their due diligence and asks the right questions to elicit the necessary disclosures to make an informed purchase. Attorneys can also craft an explicit purchase agreement describing the property's condition and any representations relied upon by either party when choosing to transact with each other.  

If you have already encountered a legal issue, your O’Flaherty Law attorney will be able to assist you with resolving it. Unfortunately, the purchase and sale of commercial real estate can be a very complicated process, and mistakes by one or both parties in the transaction can be common, costly, and time-consuming. Having an experienced and aggressive attorney to assist you can make all the difference. The bottom line is that with so much at stake, it is in your best interest to have a commercial real estate attorney to assist you and, ideally, avoid serious problems before they occur.

How Do I Find a Good Commercial Real Estate Lawyer Near Me?

Commercial real estate lawyer

It is always in your best interest to get personalized advice and guidance when making any commercial real estate decisions. A purchase, sale or lease of commercial real estate is a big decision and there is a lot of money on the line. A commercial real estate deal that goes south or a lease that has horrible terms can put you in a terrible situation, and an experienced commercial real estate attorney can, and should, protect you from those types of situations. At O’Flaherty Law, our commercial real estate attorneys will be straightforward and guide you throughout the process. Our legal team ensures you receive quality, comprehensive care to reach an optimal solution.

When Child Support Needs to be Modified Due to a Change in Circumstances

When the party who pays child support experiences a change in circumstances child support will need to be recalculated and a modification ordered. The reasons for modification are typically that the party paying the support has received an increase in income either from their employment or sometimes after receiving an inheritance. On the other side of the coin, if the party paying child support is fired or experiences a decrease in income, they will also need to request a child support modification from the court or be in danger of accumulating child support arrears, which can be very difficult to recover from financially and comes with many potential penalties. Child support payments must be made in the same amount until the modification order is entered.

Landlord-Tenant Disputes

Landlord tenant lawyer

Disputes between landlords and tenants arise for myriad reasons. The tenant doesn’t pay their rent, the landlord fails to fix something on time or at all, or the tenant changes something on the exterior or interior of the space without getting the consent of the landlord: these are all examples of behavior that pre-empt a landlord-tenant dispute.

Often, one side doesn’t understand the rights of the other, and a reminder of those rights quickly resolves the issue. However, if negotiation between the two parties fails, then further legal action must be taken. In a landlord-tenant dispute, it’s important that legal recourse be focused and aggressive to move the matter along and reach a resolution in a timely manner, while upholding the rights of both sides.

Your primary responsibility as a landlord or tenant is to understand your lease agreement or purchase contract. Understanding your rights as a either a tenant or a landlord goes a long way in avoiding frustration and financial headache.

Negotiating a Commercial Real Estate Lease

Negotiating commercial real estate lease


The purpose of this list is to briefly point out six things to look for in a fair commercial lease:

Attorney Fee Clause: Should the lease result in litigation, attorney fees and court costs should be borne by the loser of the litigation. This acts as a disincentive to frivolous claims and makes meritorious claims economically viable.

Termination Notice: The landlord should not have the ability to terminate the lease without notice upon late payment of rent. The landlord should be required to give the tenant written notice and at least 5 days to pay before terminating the lease.

Use of the Property:
Make sure that the tenant’s intended use of the property is explicitly permitted by the lease.

Approval of Alterations:
Many leases require approval of alterations and signage by the landlord. The tenant’s proposed alterations and signage should be included as a rider to the lease to avoid disputes after the fact.

Repairs:
The landlord should be responsible for repairs to the external portion of the building and the building’s internal systems (like HVAC and plumbing). The Tenant should be responsible for internal repairs.

Indemnification:
 Make sure that the indemnification clause benefits both parties. The landlord should indemnify the tenant against lawsuits resulting from landlord’s negligence and responsibilities, and vice versa.

Frequently Asked Questions with Commercial Real Estate Matters

When you trust us with your commercial real estate matter, we want to be sure that all your questions are answered as quickly as possible. Your O’Flaherty Law attorney and service team will be available to you every step of the way. While we are happy to answer any questions you may have, we have prepared answers to the most asked questions so you can be as informed as possible.  

Do I Use a Commercial Real Estate Lawyer When Leasing Business Space?

Commercial Real Estate Lawyers create, review, and implement commercial real estate contracts based on your specific needs and strive to protect your rights. Our commercial real estate attorneys are dedicated to ensuring your interests are sufficiently negotiated on your behalf in your commercial real estate matters. We communicate with you at every stage of the transaction, and we ensure that your rights are protected.  

Do I Need a Commercial Real Estate Attorney When Buying a Business Property?

While the attorney’s primary job for a buyer or seller is to be a guide and experienced during the entire transaction process, they may have to take on different responsibilities depending on the situation. If a buyer is purchasing a property with tenants, an industrial complex, or a property that is bank owned, different legal stipulations will be present from the outside. Or, in a more unique circumstance like buying a property that has structural problems, is in a natural disaster zone, contains or may be exposed to hazardous materials, or is being sold by the government, the attorney will need to bring his or her focused experience to manage risk, identify opportunities and to ensure the deal proceeds smoothly.

Will the Commercial Real Estate Attorney Negotiate a Good Price?

A qualified attorney should help you negotiate the sale, analyze any contracts, resolve inspection or permit issues, and finalize the closing. They will also be much better at dealing with any abnormalities in the contract that could cost you time and money in the long run.  Beyond the purchase of the property, the attorney can also help address any issues with contractors or subcontractors during the build-out process. For example, if your architect hijacks your build-out and holds up the entire process by withholding the blueprints or refusing to work with the contractor, then your attorney can seek legal action against that person much faster and with greater efficiency since they’re already familiar with the property. Your attorney will also handle negotiating Tax Incremental Financing (TIF), dealing with tax abatement arrangements (LERTA), negotiating and drafting purchase and sale contracts, evaluating and resolving ground leasing issues, and any title insurance matters.

What Does a Commercial Real Estate Attorney Do for a Seller?

A commercial real estate attorney can help make your property marketable even if it has undesirable traits. If your property has liens against it or leases associated with it the attorney can navigate the complex legal process of resolving those before or at the time of sale. Or, if the property must be sold due to an unfortunate circumstance such as death or divorce and the emotional toll is too great, you can hand over a majority of the responsibility to the qualified attorney. Whatever the property and whatever the reason, whether you’re a buyer or seller, having a qualified commercial real estate attorney to guide you through the process will save you time, money, and stress and protect you from any potential future legal issues, such as a lawsuit.

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