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Updated about 5 years ago on . Most recent reply

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32
Posts
8
Votes
Cartus Aikens
  • Rental Property Investor
  • Greensboro, NC
8
Votes |
32
Posts

Buying process for Commercial ?

Cartus Aikens
  • Rental Property Investor
  • Greensboro, NC
Posted

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

User Stats

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