Commercial Real Estate Lawyers in New Jersey

Commercial property counsel grounded in real estate

A commercial property has to work for the people investing in it and the business operating there. The purchase price is only part of that decision. Existing leases, permitted uses, access, financing terms and the condition of the property can all affect what you are acquiring and what it will cost to own.

Batcha & Batcha represents buyers, sellers and business owners in commercial real estate matters in Monmouth County, Ocean County and throughout New Jersey. Real estate has been the firm’s central focus since its founding in 1965. We bring that sustained experience to acquisitions, sales, financing and leases, with advice tied to your intended use of the property.

Build the contract around the transaction

Before a contract is signed, we want to understand the proposed deal: what you plan to do with the property, how you intend to finance it, whether tenants will remain and which conditions must be satisfied before you can close.

Those answers help shape the purchase agreement. We review and negotiate provisions addressing the deposit, investigation period, access for inspections, financing, required approvals, seller representations and the parties’ remedies if the transaction does not proceed. A deadline should leave enough room for the work it is meant to accommodate.

For sellers, preparation includes reviewing ownership records, leases and available property information before they become a source of delay. We help identify what must be delivered, what obligations will continue after closing and how the contract allocates responsibility for unresolved issues.

Understand the property before committing to it

Due diligence should test the assumptions behind the deal. A building that appears suitable at a showing may have restrictions or obligations that affect your plans. Depending on the property, the review may include:

• Title and survey matters, including easements, access rights, encroachments and restrictions.
• Zoning, existing approvals and whether the proposed use or planned alterations require further permission.
• Existing leases, amendments, tenant deposits, renewal rights and obligations that will pass to the buyer.
• Building inspections, environmental reports and follow-up work recommended by qualified professionals.
• Loan conditions, insurance requirements and the documents needed to close in the purchasing entity’s name.

Environmental review deserves attention before the investigation period expires. The EPA’s guidance on environmental inquiries before acquisition explains how investigating a property’s history and condition relates to potential contamination liability. The appropriate review depends on the site and applicable federal and New Jersey requirements. We coordinate legal questions with the environmental professionals involved; a routine building inspection is not a substitute for their assessment.

If the transaction depends on a change of use or municipal approval, our land use practice can help address that issue alongside the contract. Properties near the water may also require the additional review described in our waterfront real estate practice.

Leases that reflect how the property will be used

A commercial lease can determine years of operating costs and responsibilities. Rent matters, but so do the provisions that allocate maintenance, taxes, insurance, common-area charges and the cost of improvements.

We assist with commercial lease review and negotiation, paying attention to permitted use, delivery of the premises, repair obligations, personal guarantees, assignment, renewal options and what happens after damage or default. For a business moving into a new location, the lease should be considered alongside the approvals and work needed to open.

For an owner buying occupied property, reviewing the existing leases is part of evaluating the acquisition. The tenant’s rights and the owner’s promises may extend well beyond the closing date. Our landlord and tenant services address related lease and tenancy matters.

Coordinate ownership, financing and closing

The purchaser named in the contract, the borrower approved by the lender and the entity taking title need to fit the agreed structure. We work with your lender, accountant and other advisers to address these connections before closing.

Where a new entity is appropriate, our corporate formation services can help establish it and document the owners’ agreement. We also review loan documents and personal guarantees so that you understand the commitments being made. Our closing management process helps organize the documents, dates and communication required to complete the transaction.

Questions about commercial real estate transactions

When should I involve a real estate attorney?

Ideally, before signing a letter of intent, purchase agreement or lease. Even a document described as preliminary may contain binding provisions. Early review also gives us an opportunity to address due diligence, approvals and financing before the terms become difficult to change.

Can I assume the current use is legally permitted?

No. Current occupancy does not, by itself, establish that the use is approved or that your proposed use will be permitted. Municipal records, zoning requirements and prior approvals should be reviewed in light of the actual plans for the property.

Does an existing tenant have to leave when the property sells?

A sale does not automatically end a tenant’s rights. The lease, applicable law and the agreed terms of the sale must be reviewed. If vacant possession is essential to the purchase, that requirement needs to be addressed before signing the contract.

Discuss your property and your plans

Whether you are acquiring an investment property, selling a commercial building or negotiating space for your business, we can help you evaluate the next step. Call (732) 747-8300 or contact Batcha & Batcha to discuss the transaction.