Every matter begins with listening. I explain your options in plain language, identify practical next steps, and help you make informed decisions. Select any item below to read more about it.
A commercial purchase and sale agreement sets the price, deadlines, and conditions for buying or selling business property, and its terms are often far more negotiable than in a home sale. I review and draft these agreements for buyers and sellers, with close attention to the due diligence period, title and survey issues, earnest money, financing contingencies, and existing leases. I also examine the seller’s representations, closing obligations, and what happens if either side backs out. Careful review up front protects your investment and helps avoid costly surprises at closing.
A commercial lease controls your rights and obligations for years, whether you are a landlord or a tenant, and its terms are largely open to negotiation. I review rent and expense provisions such as triple-net charges and common area maintenance, along with build-out and tenant improvement allowances, permitted use, and maintenance and repair responsibilities. I also examine renewal, expansion, and assignment rights, personal guaranties, and default remedies. I draft new leases and amendments and help negotiate better terms before you sign. A well-written lease reduces disputes and protects your business and your investment.
Before closing, a title company issues a title commitment that lists the liens, easements, and other matters affecting the property. I review the commitment, survey, and exceptions to spot problems such as unreleased liens, boundary issues, or restrictions that could limit how you use the property. I also review the closing documents, including the deed, closing disclosure, and loan papers, so you know what you are signing. If issues come up, I work with the title company and the other side to resolve them before closing. An owner’s title policy protects you against covered title defects for as long as you own the property.
A deed transfers ownership of real estate, and the type of deed determines what promises the seller makes about the title. Common Texas deeds include general warranty deeds, special warranty deeds, and deeds without warranty, along with gift deeds for transfers to family members. Texas also allows a transfer on death deed, which lets property pass to a named beneficiary at death without probate while you keep full control during your lifetime. I prepare the right deed for your situation and make sure it is properly signed and recorded with the county clerk. I also point out related issues, such as existing mortgages and updating your homestead exemption.
Due diligence is the investigation you conduct before you are fully committed to buying a commercial property. It can include reviewing the title and survey, zoning and permitted uses, deed restrictions, property condition reports, flood zone status, and Phase I environmental site assessments. For income-producing property, it also includes reviewing existing leases, tenant estoppel certificates, rent rolls, and operating expenses. In a typical Texas commercial purchase, much of this work happens during the feasibility period, when you can usually terminate the contract and recover your earnest money. I help you build a checklist, review what you find, and understand which issues are deal breakers and which can be negotiated. Good due diligence helps you buy with confidence instead of discovering problems after closing.
Commercial loan documents, such as the promissory note, deed of trust, and loan agreement, set out your payment terms, ongoing obligations, and what the lender can do if you default. I review these documents so you understand interest, prepayment penalties, financial covenants, default, and foreclosure terms before you sign. I also examine personal guaranties, recourse and nonrecourse carve-outs, assignments of rents, and environmental indemnities, which can expose you to liability beyond the property itself. I also prepare and review seller-financing arrangements for commercial transactions. Having an attorney review the terms can prevent expensive misunderstandings later.
Many investors hold rental property in an LLC to separate the property’s risks from their personal assets. I help you decide whether to use one LLC or several, including a Texas series LLC, and prepare the formation documents and operating agreement. Moving a property that already has a mortgage into an LLC can trigger the loan’s due-on-sale clause, so the transfer should be planned carefully. Insurance and title coverage should also be updated to reflect the new owner. To keep the liability protection, the LLC needs its own bank account and records, and I explain the practical steps to maintain it.
