Real Estate

Buying and Selling Commercial Property, From Offer to Closing

We represent buyers and sellers of commercial and multifamily property in Metro Detroit. You get a purchase agreement that protects you, deadlines that are tracked, and a closing without surprises.

Photo: Kyle Dupuy

What We Handle

A Commercial Real Estate Closing Attorney in Your Corner

Most of the risk in a commercial purchase is decided before anyone shows up to close. The purchase agreement sets the price, the deadlines, what the buyer gets to investigate and what happens if something turns up. Once those terms are signed, they are hard to change.

We help buyers and sellers of office, retail, industrial, mixed-use and apartment property. For buyers, that means a purchase agreement with real protections and a careful review of title, survey, leases and zoning during due diligence. For sellers, it means clear terms, limited post-closing exposure and a sale that actually closes.

Brokers, lenders and title companies each play a part, but none of them represents you. Kyle does.

  • Letters of intent
  • Purchase agreements for buyers and sellers
  • Due diligence planning and deadline tracking
  • Title commitments, exceptions and objections
  • Survey review and boundary questions
  • Lease, rent roll and estoppel review for income property
  • Zoning and permitted use confirmation
  • Deeds, closing documents and title company coordination
  • Seller-financed sales and land contracts

Common Situations

Where Clients Usually Are When They Call

“We signed an LOI. Now what?”

We turn the letter of intent into a full purchase agreement and add the protections the LOI left out.

“I don’t understand the title commitment.”

We go through each exception, explain which ones matter, and object in time to the ones that affect your use or financing.

“The rent roll doesn’t match the leases.”

We compare the leases, rent roll and estoppels so you know the income you are actually buying.

“The inspection found problems and the deadline is close.”

We look at your options under the agreement: a price reduction, repairs, an extension or walking away.

“The buyer wants out.”

We review whether the buyer has a contractual right to terminate and what happens to the deposit.

“I’m selling a building with tenants.”

We prepare the lease assignments, deposit transfers and tenant notices, and limit what you promise about the leases.

How We Work

Four Stages of a Commercial Sale

We keep a written list of every deadline and tell you what is due before it is due.

  1. Terms

    We review the letter of intent or offer and explain the business and legal points before anything is signed.

  2. Purchase Agreement

    We draft or negotiate the agreement, including deposit, contingencies, deadlines, and seller representations.

  3. Due Diligence

    Title, survey, leases, zoning and environmental reports are reviewed, with objections made on time.

  4. Closing

    We review the deed, closing statement and documents with the title company and confirm everything matches the deal.

Plain English

What to Know Before You Buy or Sell

The Letter of Intent Is Not the Deal

A letter of intent sets out price and basic terms, and it is usually written to be non-binding on those points. It may still contain binding parts, such as confidentiality or exclusivity. The purchase agreement is where the real obligations are created, so the gaps in an LOI need to be filled carefully.

The Due Diligence Period

Most commercial purchase agreements give the buyer a set period to investigate the property and terminate if they are not satisfied. That window is the buyer’s main protection. The agreement should say exactly what the seller must deliver, when, and how the buyer gives notice to terminate. Missing the deadline by a day can mean losing the deposit.

Title Insurance and the Title Commitment

Before closing, the title company issues a commitment listing the requirements to close and the exceptions it will not insure, such as easements, recorded restrictions and liens. Buyers should read the exception documents themselves, not just the list, and object to anything that interferes with their plans.

Surveys

A survey shows boundary lines, easements, encroachments and improvements. Title insurance generally does not cover matters a survey would reveal unless survey coverage is obtained, so many commercial buyers order a current survey.

Environmental Review

Older commercial and industrial sites in the Detroit area may carry environmental history. Buyers commonly order an environmental site assessment. Michigan also has a process, called a baseline environmental assessment, that can help a new owner limit liability for contamination that existed before the purchase if it is completed on time and the owner meets ongoing due care obligations.

Buying a Building With Tenants

When you buy income property, you take the leases as they are. Tenant estoppel certificates confirm rent, deposits and whether either side is in default. The agreement should also cover how security deposits and prepaid rent transfer at closing.

Deeds, Transfer Taxes and Property Taxes

Michigan sellers commonly convey by warranty deed or covenant deed, which carry different promises about title. State and county transfer taxes are customarily paid by the seller, though the agreement can say otherwise. After a sale, a property transfer affidavit is filed with the local assessor, and the property’s taxable value generally resets in the following tax year, which buyers should factor into their budget.

Questions

Purchase and Sale FAQ

Do I need a lawyer if I already have a broker?

A broker helps find the deal and set the price. A lawyer represents your legal interests in the agreement, title and closing documents. On a commercial purchase, both roles matter.

When should I involve an attorney?

Before you sign anything, including the letter of intent. It is much easier to set good terms at the start than to renegotiate after the deadlines are running.

What happens to my deposit if the deal falls through?

That depends on the purchase agreement. Usually a buyer who terminates within the due diligence period, or because a condition was not met, gets the deposit back. A buyer who simply fails to close may lose it.

Do you work with the title company?

Yes. We review the title commitment, coordinate requirements and review the closing statement and documents before you sign.

Can you help with a seller-financed sale?

Yes. Land contracts and other seller financing arrangements are a regular part of our work for both buyers and sellers.

Do you handle residential sales?

Our focus is commercial and multifamily property. Residential sales of one to four units have their own requirements, such as a seller disclosure statement, and we can discuss whether we are a fit for your transaction.

Talk to Kyle

Buying or Selling a Building?

Call before you sign the letter of intent. You’ll hear back from Kyle within one business day.

Photo: William Duggan / Unsplash