Commercial Real Estate
Strategic Legal Counsel for Commercial Real Estate Transactions
Commercial real estate transactions require more than paperwork processing. Whether you’re acquiring property for your business, selling an investment property, leasing commercial space, or developing real estate, you need an attorney who understands that commercial transactions require strategic thinking, detailed due diligence, and sophisticated negotiation skills.
At Romano LoManto PLLC, we represent investors, business owners, landlords, developers, and commercial tenants in all types of commercial real estate transactions across Long Island and New York City. We combine legal expertise with business acumen to help you achieve your investment objectives while protecting your assets and limiting your liability.
Commercial Property Acquisitions
Due Diligence That Actually Protects Your Investment
Buying commercial property isn’t about emotion—it’s about making an investment that performs. The difference between a profitable property and a financial disaster often comes down to the quality of your due diligence and the terms of your purchase agreement.
Our commercial acquisition representation starts with comprehensive due diligence that goes far beyond what’s required in residential transactions. We examine every aspect of the property that could affect its value, usability, or profitability.
Zoning and Land Use Analysis
We verify that the property is properly zoned for your intended use. This sounds basic, but we’ve seen buyers purchase properties only to discover they can’t legally operate their business there. We review zoning classifications and permitted uses, identify any variances or special permits required, analyze parking requirements and building code compliance, and investigate any pending zoning changes that could affect the property.
If the property doesn’t currently meet your needs, we advise you on the feasibility and process of obtaining necessary approvals.
Title Examination and Survey Review
Commercial properties often come with complex title issues. We conduct thorough title examinations to identify any liens, easements, encroachments, restrictions, covenants, or other matters that could affect your ownership or use of the property. We review surveys carefully to identify boundary disputes, encroachments, or discrepancies. We ensure your title insurance provides adequate coverage for the risks specific to commercial property.
Existing Lease Review
If you’re purchasing an occupied commercial property, the existing leases become part of your asset. We review all tenant leases to understand your obligations as the new landlord, identify any problem provisions that could affect the property’s value, analyze rental income and escalation clauses, verify security deposits and last month’s rent, and review tenant improvement allowances and landlord obligations.
We also review the estoppel certificates from tenants to verify that the information the seller provided about the leases is accurate.
Environmental and Regulatory Compliance
Environmental issues can create massive liability for commercial property owners. We review Phase I and Phase II environmental reports when available, identify any violations or outstanding orders from municipal agencies, verify certificate of occupancy and permit compliance, and ensure the property meets current code requirements or document what work is needed.
Financial Analysis and Purchase Structure
Beyond the legal due diligence, we help you structure the purchase to achieve your business objectives. We negotiate purchase price allocation for tax purposes, structure transactions to limit personal liability, coordinate 1031 exchanges for clients deferring capital gains taxes, and review financing terms and ensure mortgage documents protect your interests.
Commercial Property Sales
Maximizing Value While Minimizing Exposure
Selling commercial property requires careful attention to timing, terms, and structure. We represent commercial property sellers through the entire transaction process, from listing to closing.
We draft purchase agreements that protect you from buyer defaults and limit your post-closing liability. We negotiate terms that maximize your proceeds, from earnest money deposits to closing dates to allocation of purchase price. We coordinate with your accountant to structure the sale for optimal tax treatment. We resolve title issues that could otherwise kill your deal or reduce your leverage in negotiations.
Throughout the transaction, we manage the buyer’s due diligence process to protect your interests while providing the information they need. We respond to buyer document requests strategically. We negotiate which repairs or improvements you’ll complete and which will be the buyer’s responsibility. We handle tenant notifications and coordinate lease assignments.
Commercial Leasing
Landlord Representation
If you own commercial property, your leases are critical to your investment’s success. We draft and negotiate commercial leases that protect your property, ensure steady income, and give you the flexibility you need to manage your investment effectively.
Our landlord lease work includes drafting comprehensive lease agreements tailored to your property type, negotiating favorable terms on rent, escalations, and pass-through expenses, structuring security deposits and guarantees to protect against defaults, including provisions that allow you to address problem tenants efficiently, and ensuring compliance with applicable laws while protecting your rights.
We handle everything from small retail leases to large multi-year office leases to industrial warehouse agreements. Each property type requires different lease provisions, and we ensure your leases reflect the specific needs of your property and tenant base.
Tenant Representation
For businesses leasing commercial space, we ensure you’re not signing agreements that put your business at risk. We review and negotiate lease terms that protect your operational needs, negotiate tenant improvement allowances and buildout responsibilities, ensure flexibility for business growth or contraction, analyze hidden costs in pass-through expenses and CAM charges, and negotiate favorable renewal options and exit strategies.
We’ve saved tenants hundreds of thousands of dollars by negotiating better terms and catching unfavorable provisions before signing.
Investment Property Transactions
Real estate investors face unique challenges and opportunities. We represent clients building investment portfolios throughout New York, providing strategic counsel that goes beyond individual transactions.
We help investors structure purchases to protect assets and limit liability through proper entity formation. We handle multi-property transactions efficiently. We coordinate with your accountants on tax strategy and 1031 exchanges. We review property management agreements. We provide ongoing counsel as your portfolio grows, including advice on when to hold, sell, refinance, or 1031 exchange properties.
Development and Construction
For clients developing or significantly renovating commercial property, we provide counsel throughout the development process. This includes land acquisition and assembly, zoning approvals and variance applications, construction contracts and mechanics lien prevention, financing arrangements, and tenant pre-leasing.
Why Choose Us for Commercial Real Estate
Commercial real estate transactions require more than legal knowledge—they require business judgment. We understand that you’re making an investment decision, and we provide counsel that considers both the legal and business implications of your transaction.
We’ve represented clients in transactions ranging from small retail purchases to multi-million dollar commercial developments. We know how to structure deals to achieve your objectives. We understand the markets throughout Long Island and the five boroughs. We work efficiently because we know your time is valuable and deals have momentum that must be maintained.
Most importantly, we’re responsive and accessible. When issues arise (and they will), you need an attorney who answers your calls and solves problems quickly. We’re available when you need us, whether that’s evenings, weekends, or the morning of your closing when a new issue appears.
Let’s Discuss Your Commercial Transaction
Whether you’re acquiring your first investment property, selling a building you’ve owned for decades, or negotiating a complex commercial lease, we’re here to provide the strategic legal counsel you need.
Contact Romano LoManto PLLC today to discuss your commercial real estate transaction. Let’s ensure your deal closes successfully with your interests fully protected.