Question 1

Should a real estate attorney review commercial leases?

Accepted Answer

Yes. Commercial lease agreements usually contain complex provisions regarding rent, maintenance responsibilities, improvements, renewals, and liability.

Question 2

What should a business consider before purchasing commercial property?

Accepted Answer

Prior to purchasing property, businesses at a minimum should evaluate zoning, environmental issues, title matters, financing, inspections, and contract terms before completing a purchase.

Question 3

How can a commercial real estate attorney help resolve commercial landlord-tenant disputes?

Accepted Answer

A commercial real estate attorney can assist both landlords and tenants in resolving complex lease disputes over leasing terms such as property maintenance, fit-out costs, rent increases, and CAM fee audits. They can review lease terms, draft default notices, negotiate lease modifications, and represent your business in court if disputes lead to eviction or litigation.

Question 4

Does Pennsylvania require property disclosure statements for commercial real estate sales?

Accepted Answer

Unlike residential deals with strict statutory disclosure rules, Pennsylvania commercial real estate sales operate under a "buyer beware" model. Sellers don't have to complete a state-mandated disclosure form, which makes it essential for an attorney to include custom seller representations, warranties, and inspection protections directly in your purchase contract.

Question 5

Does a commercial landlord have to mitigate damages if a tenant breaks a lease early in Pennsylvania?

Accepted Answer

In Pennsylvania, and if not required by the specific terms of the lease, commercial landlords generally are not required to find a replacement tenant if you terminate your lease prior to expiration. A commercial landlord generally can allow the leased premises to sit empty and sue you for the remaining rent. However, an attorney can negotiate a custom mitigation clause in your lease that forces the landlord to make reasonable efforts to re-let the space.

Preguntas frecuentes sobre planificación patrimonial