Commercial Real Estate

Commercial real estate transactions move differently than residential ones. The documents are longer, the terms are more heavily negotiated, and the parties on both sides are usually businesses rather than individuals. Whether you are buying a building, selling one, or negotiating a lease as a landlord or a tenant, the terms you agree to will govern how the property is used and operated for years.

Fisher Stone represents New York businesses, property owners, landlords, and tenants in commercial real estate matters, from a straightforward lease renewal to a multi-million-dollar purchase. A licensed New York attorney handles your matter from start to finish, reachable directly by call, email, or text. Pricing is a flat fee per transaction, quoted up front after a short, free consultation of about 15 minutes.

What a commercial real estate attorney does

A commercial real estate attorney negotiates and drafts the documents that govern a business property transaction, then carries the deal through to closing or lease signing. On a purchase or sale, that means reviewing the contract, running due diligence, clearing title issues, and coordinating with the other side’s attorney, the lender, and the title company. On a lease, it means negotiating the terms that will control the tenant’s use of the space and the landlord’s obligations for the length of the term, then drafting or reviewing the lease itself.

Fisher Stone represents both sides of these deals: owners and buyers in a purchase or sale, and both landlords and tenants in lease negotiations. Because the firm sees commercial transactions from both perspectives, we know which terms each side typically pushes for and where there is room to negotiate.

Buying and selling commercial property

A commercial purchase or sale starts with the purchase and sale agreement, the contract that sets the price, the closing date, and the conditions the deal depends on. Commercial contracts typically involve more due diligence than a residential purchase, including a closer look at zoning and permitted use, environmental conditions, the physical condition of the building’s systems, and, if the property is already tenanted, the existing leases and rent roll.

Once the contract is signed, your attorney reviews title to confirm the seller can convey clear ownership and to identify liens, judgments, or other issues that need to be resolved before closing. Financing, if the buyer is using it, has to be coordinated with the lender and the title company on the same timeline as the rest of the deal, and Fisher Stone also represents banks and private lenders on the financing side of a commercial closing. At closing, your attorney reviews every document, confirms funds are disbursed correctly, and represents your interests through signing.

Many buyers take title to commercial property through an LLC rather than in their own name, for the liability protection that structure provides, particularly when the property is an investment purchase rather than space for the buyer’s own business. Setting up the purchase to close in the name of an LLC means coordinating the entity’s paperwork with the lender and the title company on the same timeline as the rest of the deal.

Commercial leases for landlords and tenants

A commercial lease is a heavily negotiated contract, not a form document. The terms decide how the tenant can use the space, what happens if the tenant wants to bring in another business as a subtenant, who is responsible for maintaining the building’s systems, and what the tenant’s options are when the term ends. Getting these terms wrong, on either side, tends to surface later, when a dispute arises or the lease is up for renewal and the language is unclear.

Fisher Stone negotiates and drafts commercial leases for landlords bringing in a new tenant or renewing an existing one, and reviews and negotiates leases on behalf of tenants before they sign. That includes retail, office, and industrial space, as well as build-out and improvement terms when the tenant is constructing out the space before occupying it.

Commercial leases are longer and more negotiated than a residential lease. If you are renting or renting out a home or apartment rather than business space, that falls under residential real estate instead.

Terms that matter most in a commercial deal

A few terms come up in nearly every commercial purchase, sale, or lease, and they are worth understanding before you sign anything.

• Permitted use defines what the tenant is allowed to operate in the space. A lease drafted for one type of business may not permit another, which matters if the tenant’s use changes over time.
• Assignment and subletting govern whether a tenant can transfer the lease to another business or bring in a subtenant, and whether the landlord’s consent is required.
• Maintenance obligations divide responsibility for the building’s structure, systems, and common areas between landlord and tenant, along with who pays for repairs.
• Renewal options set out whether the tenant can extend the lease, on what notice, and at what rent, which affects both the tenant’s long-term planning and the landlord’s ability to re-lease the space.

On a purchase or sale, due diligence, title, and financing carry the same weight as these lease terms. Reviewing the relevant set carefully before signing, whether the document is a lease or a contract of sale, is where a commercial real estate attorney’s work has the most effect on the outcome. For the firm’s full real estate practice, including residential closings and lender representation, see the real estate practice page.