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Commercial Real Estate Due Diligence Checklist

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A commercial real estate due diligence checklist is a systematic evaluation process that examines essential aspects before acquiring or investing in a property. Experienced investors in commercial properties thoroughly investigate every aspect to minimize the chances of unexpected issues after the transaction. These hidden details might undermine the financial viability of an otherwise lucrative deal, transforming the deal into a costly error. This blog delves into the checklist for conducting such due diligence.

Essential Elements of a Commercial Real Estate Due Diligence Checklist

The checklist considers several elements, which are mentioned below:

  • Legal Description of the Property: This uses measurements, reference points, and survey data to describe the property's boundaries. It helps identify the exact location and size of the property.
  • Physical Description of the Property: The building type, number of floors, square footage, amenities, parking availability, and special features.
  • Public Records Review: A title search begins with a thorough review of public records, including deeds, mortgages, liens, easements, and other recorded documents. This search helps establish an ownership chain and identify existing claims or encumbrances.
  • Title Insurance: Obtaining title insurance is common practice to protect against undiscovered issues or defects in the property's title. The title insurance company conducts a comprehensive search and issues an insurance policy to indemnify the buyer against potential losses arising from title-related problems.
  • Examination by Title Professionals: Title professionals, such as attorneys or title companies, examine the gathered information to ensure the property's title is clear and marketable. They verify the accuracy of the legal description, identify any issues or irregularities, and provide a title commitment or preliminary report highlighting their findings.
  • Resolving Title Issues: Any title issues discovered during the search must be addressed before completing the transaction. Common title issues include unresolved liens, boundary disputes, easements, or claims from previous owners or creditors. Resolving these issues may involve negotiations, obtaining releases, or pursuing legal remedies if necessary.

Steps to Comply in a Commercial Real Estate Due Diligence Checklist

There are certain steps necessary to follow to maintain compliance, which are:

  1. Conduct Property Inspection. A thorough assessment is conducted during the property inspection to identify any potential ADA compliance issues. This includes examining elements such as parking lots, entrances, ramps, pathways, doorways, restrooms, signage, and other areas that may impact accessibility.
  2. Adhere to ADA Standards. The ADA Standards for Accessible Design provide guidelines and requirements for commercial properties, including accessible routes, parking spaces, doorways, restrooms, and more. These standards serve as benchmarks to assess the property's compliance.
  3. Arrange Accessibility Surveys. It is common to engage professionals experienced in ADA compliance, such as architects or ADA consultants, to conduct accessibility surveys. These surveys evaluate the property's compliance with ADA requirements and identify any necessary modifications or improvements to achieve compliance.
  4. Review Documentation and Records. Requesting and reviewing any existing documentation related to ADA compliance, such as permits, certificates of compliance, or records of modifications made to the property, is essential. This helps verify previous efforts to meet ADA standards and provides insight into the property's compliance history.
  5. Assess Legal and Financial Implications. Non-compliance with ADA standards can result in legal liabilities and financial obligations for property owners. Understanding the potential costs associated with retrofitting or addressing accessibility issues is essential for evaluating the property's overall investment value.
  6. Negotiate and Remediate. Corrective measures may need to be discussed with the seller if ADA compliance issues are identified. The costs of bringing the property into compliance can be factored into the purchase price or negotiated separately.
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Lease Payment in a Commercial Real Estate Due Diligence Checklist

The following pointers shall be kept in mind to ensure the lease payments.

  • Request Lease Documents. Begin by requesting lease agreements from the property owner or seller. These documents should outline the terms and conditions of each lease, including the rental amount, payment schedule, and any relevant provisions regarding rent increases, late fees, or penalties.
  • Review Lease Payment Records. Review the historical lease payment records maintained by the property owner or management company. These records may include payment receipts, bank statements, or accounting records that detail the dates and amounts of rent payments made by tenants.
  • Verify Payment Compliance. Check if lease payments have been made according to the lease terms. Verify if rent increases or escalations have been appropriately applied and if any late fees or penalties have been imposed when applicable.
  • Identify Payment Issues. Look for late or missed payments, outstanding balances, or unresolved payment disputes. This information is vital for assessing the financial stability and reliability of the tenants.
  • Assess Lease Termination or Renewal. Check for lease terminations or renewals in the past. This helps evaluate tenant retention rates and the overall stability of the property's rental income.
  • Consider Lease Expirations and Options. Take note of lease expiration dates and any renewal or termination options. This information is essential for understanding potential turnover and vacancies in the near future.
  • Conduct Tenant Interviews. If necessary, consider contacting current or former tenants to gather additional information about their lease payment history, satisfaction with the property, or any outstanding payment issues.

Zoning Factors in a Commercial Real Estate Due Diligence Checklist

Zoning factors are required to be considered as per the factors mentioned below.

  • Research Zoning Designation. Identify the specific designation assigned to the property by reviewing the local municipality's zoning maps and ordinances. Zoning categories establish the permitted activities and land uses for a particular property, including residential, commercial, industrial, or a combination of different uses.
  • Understand Zoning Restrictions. Examine the zoning regulations to understand any restrictions or limitations imposed on the property. These may include setback requirements, building height limits, parking ratios, landscaping guidelines, signage regulations, and other development standards that must be adhered to.
  • Assess Compliance. Evaluate the property's compliance with the existing zoning regulations. Determine if any existing structures or land uses on the property conform to the current zoning designation.
  • Research Future Zoning Changes. Investigate any proposed or anticipated changes to the zoning regulations or comprehensive plans that could affect the property. This information helps evaluate future uses, developments, or restrictions that may impact the property's value or long-term prospects.
  • Review Building Codes. Examine the local building codes and regulations to ensure that any existing structures on the property comply with safety, accessibility, and construction standards. This review may include fire safety assessments, electrical systems, plumbing, and other building components.
  • Engage Professionals. It is advisable to consult with zoning attorneys, architects, or land use consultants familiar with local regulations. They can advise on compliance, potential development opportunities, and any challenges associated with the property's zoning or building codes.

Key Terms for Commercial Real Estate Due Diligence Checklists

  • Zoning: The legal designation of how a specific land area can be used, including permitted uses, building codes, and restrictions.
  • Title Search: The process of reviewing public records to ensure the property's history and check for any outstanding debts or legal claims attached to the property.
  • Lease Agreements: Contracts between landlords and tenants that describe the terms and conditions of leasing, such as the duration and amount of the lease.
  • Environmental Assessments: Evaluations conducted to identify possible ecological dangers or risks associated with the property. These assessments help identify concerns like soil contamination, water pollution, or the presence of hazardous materials.
  • Appraisal: The process of determining the market price of real estate.

Final Thoughts on Commercial Real Estate Due Diligence Checklists

A well-executed commercial real estate due diligence checklist can provide valuable insights and mitigate potential risks. It helps identify any issues or concerns that could impact the property's value, profitability, or legal compliance. A comprehensive and organized checklist for assessing commercial real estate, combined with the knowledge and skills of experts, can improve the decision-making process and increase the chances of a successful investment or transaction.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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