What Kind of Cases Does A Commercial Real Estate Attorney Handle?
By TOI Staff
June 6, 2023
Update on : June 6, 2023
Whether buying a home for the first time or selling your current home to upgrade or downsize, a real estate transaction ranks among the riskiest financial decisions. The home buying and selling processes comprise terms and obligations. While your real estate agent can help you, their expertise is limited.
A commercial real estate transaction features legal and financial implications, and working with an attorney is advisable to bridge the gaps left by a real estate agent. A real estate lawyer will guide you toward a smart decision and step up in case of disputes throughout the process.
In this article, we help you learn what kind of cases a commercial real estate attorney handles.
Real Estate Cases
Real estate transactions, including buying or selling your home, developing land, and business financing, feature a unique set of rules. Therefore, consulting a lawyer before signing a contract or agreement is advisable to reduce the risks of losing your property.
Your lawyer will review your documentation and advise you on structuring them in compliance with state regulations. Your lawyer will also ensure that the building or land you buy has a clear title in case of a dispute, by doing a title search and filing the required paperwork with an insurance company. In case of a dispute, your attorney will investigate your case and represent you in court. Common real estate disputes necessitating representation by a commercial real estate attorney, include contract disputes, landlord and tenant disputes, evictions, foreclosures, and closings.
Wills, Trust, And Estate Cases
Good planning for your retirement is possible through an attorney to ensure a smooth life in your senior years. You also want your family to remain financially independent long after you are gone, and working with an attorney to achieve the above goals is advisable. Your lawyer will resolve issues surrounding your wills, retirement benefit trusts, life insurance trusts, business succession, special needs trusts, and dynasty trusts.
Commercial Litigation Cases
Running a successful business requires good preparation to prevent future lawsuits. While you may be compliant with the regulations in your state, certain mishaps may land you in court as a defendant or plaintiff. In such cases, seeking the services of a commercial real estate attorney to protect yourself and your business is advisable.
Your lawyer will represent you on litigation cases, including business torts, breach of contracts, fraud, LLC disputes, interference claims, and shareholder action. Your attorney will draft a legal complaint and respond to the interrogations and requests to produce relevant documents. If your case is presented before a judge, your attorney will appear before the court to plead your case before the jury.
Corporate and Business Cases
As a business grows, it will face local, regional, and international challenges. Liaising with a commercial real estate lawyer will help you draft your business documents and contracts and ensure you are well-informed on the terms. Your lawyer will file your paperwork and minimize costly surprises down the line. If you have an intellectual property like a trademark or invention, your lawyer will secure your rights. A commercial real estate attorney will also prevent future employee-related cases by ensuring you have an employment agreement covering all required areas by law. Other areas your lawyer will handle include:
● Business Formation
● Protection of intellectual property
● Debt restructuring
● Business financing through loan transactions
● Corporate representations
● Business acquisitions and divestitures
Foreign Direct Investment (FDI) Cases
As globalization continues to shift the world economy, organizations are enhancing their growth and capitalizing on opportunities outside their borders. Like internal investments, FDIs have legal considerations, including international tax issues, litigation, custom-related issues, restructuring, stock sale and exchange, mergers and acquisitions, and tax-efficient business financing. Working with an experienced real estate attorney will help you navigate the above challenges by providing legal advice and representation.
Hire A Commercial Real Estate Attorney To Handle Your Case
However much you abide by the law, you are prone to real estate cases due to your negligence or actions by a third party. Real estate cases pose serious consequences necessitating professional representation. Whether you are a startup business in a local or international setup, working with an attorney will simplify the processes, given their experiences on the subject. Your attorney will do a background check on your case and represent you in court to ensure fair judgment. Finally, your attorney will advise your business processes to prevent future recurrences of the above cases.
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