Real Estate Attorney for Purchasing Commercial Property in Texas

972-957-5230

Michael Roth handles commercial property transactions from start to finish. Contact us at 972-957-5230 to schedule a consultation and to learn more about our commercial real estate services.

Types of Commercial Real Estate in Texas

Commercial real estate (CRE) is property used for purposes related to business rather than residential. A CRE can be a mom-and-pop store or a huge shopping mall and includes restaurants, hotels, office spaces, hospitals, and doctors' offices. CRE is generally broken down into five distinct categories: industrial use, multi-family rentals, office space, hospitality, and retail. 

  1. Industrial Use. Industrial use properties consist of businesses that make and store goods, like manufacturing facilities and storage warehouses.
  2. Multi-Family Rentals. A multi-family rental is generally a large property with multiple smaller units that families rent to live in as their primary residence. They can be small, housing only a couple of families, or large, housing hundreds of families. 
  3. Office Space. Office space is another type of CRE often considered to be the most high-risk. These properties are generally broken down into three different classes based on their condition and location: Class A for the highest quality buildings, Class B for older but still high-quality buildings, and Class C for older buildings in deep need of maintenance and care.
  4. Hospitality. Hospitality properties are meant for travelers and include hotels, entertainment sites, or restaurants.
  5. Retail. Retail properties include small stores, strip malls, and restaurants. 

Commercial Real Estate Purchasing Process in Texas

There are various steps to purchasing a CRE, though the exact process may vary depending on the jurisdiction.

Identification of a Property

The first order of business is to locate the property to be purchased. While this may seem an easy task, there are many things that must be considered, including:

  • The history of the property and whether it has the potential to provide a steady stream of income
  • The location of the property, and whether this type of CRE is needed in that location
  • Any work that must be done to the property to make it ready for its intended purpose

A real estate lawyer who specializes in CRE properties can help you find exactly what you are looking for in a CRE.

Decide on the Initial Offer Price

The property will definitely have an asking price, but the purchaser must do their homework to ensure they do not offer too much initially. There are different approaches used in the industry, but two of the most popular are:

  • Income Capitalization Approach: This approach requires dividing the net operating income (NOI) of the rent collected on a property by the capitalization rate. 
  • Cost Approach: This approach requires looking at what it would cost to build the CRE from the ground up. The cost of the land combined with the cost of construction, less depreciation, will yield the cost approach value.

There may be other ways to calculate the offer price depending on the CRE being purchased. As your commercial real estate attorney in Texas, we will look at all options to identify the best offer price.

Purchase and Sale Agreement

The purchase and sale agreement contains all the terms of the sale and should include everything agreed upon between the seller and purchaser. At Michael C. Roth & Associates, PLLC, we will negotiate, draft, review, and analyze these agreements to ensure they favor your needs and that there is no hidden language that may negatively impact you or your property. 

Financing and Inspection

Securing financing for the property can be a complicated task, but due diligence must be performed to ensure the best terms are found. You should compare several lenders before settling on one. You want to know what the interest rate is, what the fees are, and whether there are penalties. Commercial property financing options that can be employed for various purposes include:

  • Permanent loans
  • Small Business Administration (SBA) loans
  • Bridge loans
  • Hard money loans (which are a last resort but could be useful in certain situations)

In most cases, the purchaser of the CRE will put a down payment of 20-40% of the purchase price and finance the rest of the purchase price amount. 

Close on the Property

Once all the terms of the agreement have been agreed upon and the financing obtained, the purchaser can move forward with buying the property. Other important matters, such as a title search and execution of the documents, must take place before the keys are actually exchanged. Once the purchase has been completed, the buyer can move forward with their plans for the CRE.  

Factors to Consider before Purchasing Commercial Property

Before purchasing a CRE, there are various questions to consider, including:

  • Will this property suit the needs of the investors long term?
  • How hands-on are the investors willing to be in the CRE?
  • How will local demographics impact this type of CRE's success?
  • What are the zoning laws of the area where the CRE is located?

Other factors exist, which is why it is important to hire someone who specializes in this area to provide legal and professional guidance during the purchase process.

Contact a Commercial Real Estate Attorney in Dallas and Collin Counties Today

Michael Roth will guide you through any commercial property purchase, making sure the transaction goes smoothly. Contact us by filling out the online form or calling us at 972-957-5230 to schedule a consultation and to learn more.

Michael C. Roth & Associates, PLLC Is Here for You

At Michael C. Roth & Associates, PLLC, we focus on Banking, Real Estate, Estate Planning and Probate, Business Litigation, Commercial Transactions, Corporate Formation and Governance, Personal Injury Litigation, and Mediation and we are here to listen to you and help you navigate the legal system.

Contact Us Today

Michael C. Roth & Associates, PLLC is committed to answering your questions about Banking, Real Estate, Estate Planning and Probate, Business Litigation, Commercial Transactions, Corporate Formation and Governance, Personal Injury Litigation, and Mediation issues in Texas.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu