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Should You Hire a CRE Lawyer?

When you're purchasing real estate of any sort, it seems like a dozen people are there to put their fingers in the pie and come out with some cash - the agents and/or brokers on both sides, assessors, bankers, contractors, and often others. Even though commercial real estate law is complex, it may seem that with so many people looking at the contracts and paperwork, a real estate lawyer is redundant.

Nothing could be further from the truth. A commercial real estate (CRE) lawyer is in the perfect position to give you totally impartial advice He doesn't benefit from how much money passes hands; instead, he's paid by the hour, and gets paid whether the deal goes through or not. He knows every fine point of the law, and can catch errors experienced brokers don't, or that they choose not to in some cases.

A good CRE lawyer can make your transactions move more smoothly. Because he has a clear grasp of the zoning law and each point of law in your community and state, he can remove barriers to the transfer of your land or other real estate before they become barriers.

CRE lawyers also have no stake in you actually completing your real estate transaction, and can advise you of legal pitfalls before you finalize things: whether there is a problem with land use ordinances and zoning laws, environmental issues you need to know, or new developments coming down the pike that could impact your free use of the real estate you want to purchase. A good lawyer can prevent you from making a very costly mistake.

In addition, a CRE lawyer is versed in every aspect of real estate law, from purchase transactions to simple rental. He will also be able to tell you whether renting might be a better choice legally for your business (especially, again, in the area of environmental impact laws) or if indeed you should purchase more than the real estate you're considering.

Your CRE lawyer may also be able to assist you in gaining easement rights from adjacent landowners. This means that when someone else holds the rights to road access, parking, or other things that could impact your ability to do business, a lawyer versed in real estate law can advise you of ways to gain access that you need, and close that deal as well.

You can find real estate lawyers with expertise in many different parts of the law, and should look for one that has experience in the specific sort of transaction you are considering: agricultural, standard commercial property, construction, condemnation and demolition, or industrial. He can also give you very good advice on rental law if you are planning on leasing a portion or all of your new property, and help you with mortgage problems from taxes to structuring.

You don't have to have a lawyer to close a commercial real estate transaction. But if you don't use one, and something goes wrong, you'll certainly have to get one later. It may be better to avoid the headache to begin with.
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