Expert Guidance for Seamless Transactions:

Dade County Commercial Real Estate

Understanding Your Legal Situation

Dade County Laws on Commercial Real Estate Transactions

As a business owner or investor in Florida, understanding the intricacies of commercial real estate can be challenging. From leasing and purchasing to selling and zoning, the legal landscape is filled with details that require a keen understanding of local laws and regulations. Here, we’ll provide a plain-language explanation of the key legal considerations you need to be aware of when dealing with commercial real estate in the state of Florida. Mayersohn Law is here to walk you through the process. Florida’s real estate laws are designed to protect the rights of both buyers and sellers, as well as landlords and tenants. For example, the state’s landlord-tenant laws outline the responsibilities and obligations of each party, including security deposits, rent increases, and termination of leases. Additionally, Florida has specific regulations governing the purchase and sale of commercial properties, such as mandatory disclosures, title searches, and closing procedures. Understanding these laws is crucial to ensuring a smooth and successful commercial real estate transaction. Whether you’re looking to lease a new office space, purchase a retail building, or sell an industrial property, familiarizing yourself with the applicable laws can help you avoid costly pitfalls and protect your business interests.

What to Do After a Commercial Real Estate Transaction

Steps to Take After a Commercial Real Estate Purchase, Sale, or Lease

Completing a commercial real estate transaction is just the beginning. Once the ink has dried on the paperwork, there are several important steps you should take to ensure a seamless transition and protect your rights as a buyer, seller, or tenant.

1. Review the Closing Documents: Carefully review all closing documents, including the deed, title insurance policy, and any loan agreements. Ensure that all the terms and conditions are accurate and in line with your understanding of the transaction.
2. Obtain Copies of the Paperwork: Make sure to obtain copies of all the signed documents for your records. These will be essential for future reference and in case any disputes arise.
3. Notify Relevant Parties: Inform any relevant parties, such as current tenants, vendors, or utility providers, about the change in ownership or occupancy. This will help ensure a smooth transition and avoid any disruptions to your business operations.
4. Conduct a Thorough Inspection: Carefully inspect the property to ensure that it is in the condition you expected. Document any issues or discrepancies and work with the other party to resolve them.
5. Review and Update Insurance Coverage: Review your insurance policies to ensure that they adequately cover the commercial property and your business operations. Make any necessary updates or adjustments.
6. Consult a Commercial Real Estate Attorney: Even after the transaction is complete, it’s a good idea to consult a commercial real estate attorney who can provide ongoing guidance and advice to protect your interests.

Remember, seeking the guidance of an experienced commercial real estate attorney can be invaluable in managing the post-transaction process and ensuring that your rights are protected.

Protecting Your Rights in a Florida Commercial Real Estate Transaction

Safeguarding Your Interests in a Florida Commercial Real Estate Transaction

When it comes to commercial real estate in Florida, it’s essential to understand your legal rights and how to protect them. Whether you’re a buyer, seller, landlord, or tenant, there are several key rights and considerations that you should be aware of:

Buyer’s Rights

• Right to a Thorough Due Diligence Process: This includes inspections and title searches to ensure the property meets your expectations and is free of any legal encumbrances.
• Right to Receive Accurate and Complete Disclosures: Sellers must provide all relevant information about the property, including any defects or issues.
• Right to Negotiate the Terms of the Purchase Agreement: Buyers can negotiate various terms to ensure the agreement meets their needs and protects their interests.

Seller’s Rights

• Right to Receive Full and Timely Payment: Sellers are entitled to the agreed-upon payment for the property, according to the terms of the contract.
• Right to Require the Buyer to Comply with the Terms: Sellers can enforce the terms of the purchase agreement, ensuring buyers meet all their obligations.
• Right to Accurate Information from the Buyer: Sellers have the right to expect honesty and transparency from the buyer throughout the transaction.

Landlord’s Rights

• Right to Timely Rental Payments: Landlords can enforce lease terms to ensure they receive rent payments on time.
• Right to Enforce Lease Terms: This includes compliance with rules, maintenance requirements, and other conditions specified in the lease.
• Right to Terminate the Lease for Valid Reasons: Landlords can end a lease for reasons such as non-payment of rent or violations of lease terms.

Tenant’s Rights

• Right to a Habitable and Well-Maintained Property: Landlords must ensure the rental property meets health and safety standards.
• Right to Privacy and Quiet Enjoyment: Tenants are entitled to use the property without unwarranted interference from the landlord.
• Right to Make Reasonable Modifications: Tenants can make changes to the property as needed, often with landlord approval, especially for accessibility purposes.

 

FAQ

Question	Answer
What are the key elements of a commercial real estate contract in Florida?	A commercial real estate contract typically includes terms such as the parties involved, property description, purchase price, payment terms, contingencies, and dispute resolution mechanisms.
Why is it important to have a lawyer review my commercial real estate contract?	Having a lawyer review your contract ensures that it complies with state laws, is comprehensive, and addresses all potential risks. This can prevent future legal issues and protect your interests.
What should I do if there is a dispute over a commercial real estate transaction?	Seek legal advice immediately. A lawyer can help you understand your rights and options, negotiate with the other party, and represent you in court if necessary.
How can I find the right commercial real estate lawyer in Florida?	Look for a lawyer with expertise in commercial real estate law, experience in your industry, a good reputation, and strong communication skills. Researching client testimonials and past successes can also help.

 

Resources

Helpful Links and Contacts for Miami-Dade County

Resource Type	Description	Contact Information
Mayersohn Law	Provides expert legal guidance in commercial real estate transactions and disputes.	101 NE 3rd Ave Suite 1250 Fort Lauderdale, FL 33301 Phone: (954) 765-1900 Mayersohn Law
Florida Association of Realtors	Offers resources, education, and advocacy for real estate professionals.	7025 Augusta National Drive Orlando, FL 32822 Phone: (407) 438-1400 Florida Realtors
Miami-Dade County Property Appraiser	Provides property appraisals and tax assessments.	111 NW 1st St, Suite 710 Miami, FL 33128 Phone: (305) 375-4712 Miami-Dade Property Appraiser
Miami-Dade County Permitting Office	Handles permits and zoning for construction and land use.	11805 SW 26th St Miami, FL 33175 Phone: (786) 315-2000 Miami-Dade Permits
Miami-Dade County Clerk of Courts	Maintains public records and property information.	73 W Flagler St Miami, FL 33130 Phone: (305) 275-1155 Miami-Dade Clerk
Community Development Organizations	Influence local real estate through community initiatives and improvements.	Various locations depending on specific organization. Example: Miami-Dade Housing Finance Authority
Local Real Estate Agents and Brokers	Provide assistance with buying and selling commercial properties.	Contact local offices for specific real estate agencies in your area.
Florida Real Estate Commission (FREC)	Enforces rules and regulations for real estate professionals.	400 W. Robinson St. N801 Orlando, FL 32801 Phone: (850) 487-1395 FREC
Public Records and Property Information Databases	Offer valuable data for buyers and sellers regarding property history, tax records, and other essential information.	Accessible through Miami-Dade County Clerk of Courts and Property

Get help with your commercial property or investments in Dade County: Call Mayersohn Law 954-765-1900