Commercial Real Estate

With any commercial real estate transaction in Alabama, both buyers and sellers have a lot on the line. A misstep in the process or a contract error can be costly, having both financial and legal implications. At the law offices of Davis, Bingham, Hudson & Buckner, P.C., our commercial real estate lawyers have more than 40 years of experience providing qualified representation for individuals and businesses involved in the acquisition of commercial property. We have in-depth knowledge of the complexities of this area of the law, and we are ready to meet with you to discuss your commercial real estate needs today.

Providing Qualified Legal Representation for All Commercial Real Estate Matters

 You need an Alabama commercial real estate attorney who is well-versed in all areas of commercial real estate law and is able to represent you during all phases of the commercial transaction process without hesitation. Our law firm has the skilled attorneys you need with the level of legal acumen you would expect.

We provide qualified legal representation for all commercial real estate matters, including:

• Commercial closing matters. Navigating the commercial real estate closing process without legal counsel is not only overwhelming, but potentially foolish. This is due in large part to the fact that the commercial real estate process has fewer protections for buyers (relative to the residential real estate process) and has numerous elements that must be fully understood and adhered to in order for a deal to proceed. Major steps that are essential during a commercial real estate closing, during which our lawyers will provide counsel and guidance, include an escrow process, the formation and review of contracts between legal entities, an extensive due diligence process, and the execution of numerous closing documents; including an exhaustive review of the commercial property title and any title defects, zoning issues, land use clauses, any environmental issues, and more.

• Land use and zoning. One of the most treacherous elements of a commercial real estate transaction–and one that can ruin a deal or serve as a major setback to closing–is land use and zoning. Land use laws and contingencies refer to stipulations about how property or land can be used and developed, and may include provisions regarding zoning requirements (i.e. commercial real estate vs. office development vs. residential subdivisions, etc.), acquisition and development, retail area development, industrial development, environmental provisions, mixed-use neighborhoods, and more. Before you enter into any commercial real estate deal, understanding the land use and zoning requirements associated with the property is absolutely essential.

• Construction law. Land development via new construction is often the goal following the purchase of a piece of commercial real estate. However, new construction is associated with numerous requirements and potential legal issues. Our Alabama law firm can guide you through the numerous elements of construction law, and represent you during any construction claims, contract formation and defaults, construction defects, mechanics’ liens, OSHA requirements, lease reviews, and more. 

• IRS 1031 exchanges. As explained by the Internal Revenue Service, a 1031 exchange allows for a party to defer capital gains taxes when selling a property, assuming that they use the proceeds from that property to invest in a similar property type. Those who typically qualify for this type of exchange are owners of businesses and investment properties. Understanding how a 1031 exchange works can be paramount in mitigating taxes and maximizing profits on a commercial real estate sale.

• Landlord-tenant law. Commercial real estate transactions often involve contracts between landlords and tenants. These contracts require attention to detail and knowledge of the various laws set forth by the state of Alabama. Our lawyers can guide you through rental and lease agreements, landlord obligations and duties, the eviction process, security deposits and rental payments, repairs and maintenance, and provide representation in the event of a landlord-tenant civil dispute.

• 772 economic development applications. Alabama constitutional amendment 772 is an economic development amendment that was passed in order to authorize the use of specific economic development powers, such as the power to use public funds to purchase real property in favor of private businesses. The procedure for pursuing development via a 772 economic development application is tedious and requires–amongst other things–providing notice in a public newspaper, attending a public hearing, and receiving court validation. Our attorneys are knowledgeable in 772 economic development applications and can represent you during all steps of the process.

• Commercial real estate dispute resolution. Finally, our lawyers will represent you with the goal of avoiding any disputes throughout the commercial real estate process. However, if a dispute does arise, we will act quickly to explore viable resolution options that mitigate litigation. We know how precious your time and resources are, and that a dispute can slow down the process and be costly. As skilled mediators, negotiators, and litigators, we are confident in our ability to successfully manage and resolve even the most contentious of commercial real estate disputes.

We are experienced in large volume transactions and we are able to provide legal representation for even the most complicated commercial real estate transactions.

We Have Experience Working with Parties Like You

We have approached commercial real estate matters from nearly every angle, and have experience working with all interested parties, including lenders, investors, and owners throughout commercial transactions. We are experienced in taking the lead in drafting contracts and analyzing loan documents, reviewing surveys and zoning conditions, ensuring that a title is insurable, recording loan documents, disbursing funds, issuing title insurance policies, and much more. When you are looking for legal professionals who can competently manage all aspects of your commercial real estate transaction, we are the team for you.

Call Us Today to Learn More 

The biggest mistake you can make when entering into a commercial property deal is to not seek qualified legal representation. At the law office of Davis, Bingham, Hudson & Buckner, P.C., we have four decades of legal experience and a proven track record of successfully representing clients with all aspects of commercial real estate and business law. For your consultation with one of our skilled legal professionals, please call us today at 334-821-1908, visit our Auburn office in person, or you may send us a secure and confidential message through our web contact form.