Commercial Real Estate Investing
Market News & Data
General Info
Real Estate Strategies
Short-Term & Vacation Rental Discussions
presented by

Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Tax, SDIRAs & Cost Segregation
presented by

1031 Exchanges
presented by

Real Estate Classifieds
Reviews & Feedback
Updated about 5 years ago on . Most recent reply

Buying process for Commercial ?
What is the process for buying a commercial building or a church? We have the funds but want to know the process.
1.
2.
3....ect
Most Popular Reply

Ronald Rohde
#3 Commercial Real Estate Investing Contributor
Pro Member
- Attorney
- Dallas, TX
- 2,163
- Votes |
- 5,194
- Posts
- Acquisition of existing building closing process
- What needs to be done?
- Ensure that the negotiated for deal terms reflect what parties expect
- $1,000,000 for a 10,000 square foot building with a single tenant, deposits? Personal guaranty? Tenant financials?
- Seller wants to provide everything caveat emptor “Purchaser beware”
- Purchaser wants as much assurances prior to closing, certain Seller reps and warranties will survive, but typically hard to enforce post-closing
- Possible solutions include escrow account for highly volatile circumstances
- The parties involved
- Seller
- Seller’s Agents i.e. managers, engineers, leasing
- Purchaser
- Purchaser’s Agents i.e. engineers, surveyors,
- Seller Broker
- Purchaser’s Broker
- Seller’s Attorney
- Purchaser’s Attorney
- Title Company
- Escrow Agent
- Lender
- Seller
- Who does what
- Seller is responsible for approving the submitted documents from Purchaser in a reasonable timeframe, but typically not a contractual duty
- Purchaser typically proposes LOI, PSA for initial term discussion
- Brokers are responsible for conveying information and negotiating their client’s position based on market comparables
- Attorneys negotiate detailed terms within written agreements
- In some cases, can act as a party’s broker if a deal is unrepresented by a commercial broker
- Title company provides title insurance subject to listed exceptions
- Can also act as escrow agent to hold Earnest Money and Purchase Money
- In the event of a dispute, title is often very neutral and requires both parties to sign a release consenting to liquidated damages
- Lender will engage in some due diligence on the value of the asset
- May require changes to loan terms based on documents discovered during escrow period
- What needs to be done?