South Florida Commercial Real Estate Lawyer
If you’re buying an office building, selling a shopping center, signing a warehouse lease, or completing a 1031 exchange, commercial real estate transactions involve more moving parts than most residential deals. Loshak Law PLLC can help with tenant estoppels, environmental due diligence, SNDA agreements, zoning confirmations, and more. Our South Florida commercial real estate lawyer represents buyers, sellers, landlords, tenants, borrowers, and lenders on commercial transactions throughout Broward, Miami-Dade, and Palm Beach Counties.
We serve as an authorized title agent through The Fund with Old Republic Title and handle closings in-house rather than shipping title work out to third parties. With more than 13 years of combined Florida real estate experience, we bring a business-minded approach to every deal. Whether you’re an investor expanding a portfolio or an owner handling a single marquee asset, reach out to Loshak Law PLLC to discuss what your transaction involves.
Why Choose Loshak Law PLLC for Commercial Real Estate in South Florida?
Commercial deals fail quietly more often than they fail loudly. A missed lease estoppel deadline. An unrecorded easement that cuts across a loading zone. A title exception that should have triggered a survey endorsement. Our real estate attorneys in South Florida work to identify these items before they become problems.
Local Legal Knowledge in South Florida
Our founder, Brandon F. Loshak, built the firm’s transactional practice to handle commercial real estate matters alongside business law and land use work. He is admitted to the Florida and Texas bars, earned his J.D. at St. Thomas University School of Law, and holds a finance degree from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards. Before founding the firm, he practiced at one of the country’s largest law firms and worked in the oil, gas, and mineral industries, which informs the way we approach due diligence, title, and survey review on commercial properties.
Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts.
Title Agent and Closing Capability
Our firm is approved as an authorized title agent with Old Republic Title through The Fund. For commercial transactions, that means we handle the title commitment, exception review, survey coordination, title insurance policy issuance, and closing under one roof. We are also approved by local and national commercial lenders to close commercial real estate loans.
Transparent Fee Structure
We discuss fees openly at the outset of every commercial engagement. Some matters suit flat-fee pricing. Others are better handled hourly, particularly those involving protracted negotiations or extensive due diligence. Clients have closed real estate transactions totaling millions of dollars through our office.
What Clients Say
★★★★★
“Brandon is an excellent attorney who treats his clients with care and compassion. He’s a stand up guy who is always looking out for the best interest of his clients. I would highly recommend Brandon and his team.” – Brian Gottlieb
Read more reviews on our Google Business Profile.
Types of Commercial Real Estate Cases We Handle in South Florida
Commercial real estate covers a wide range of property types and transaction structures. The common thread is that business considerations drive the deal, and the legal documentation needs to track those business terms precisely.
- Office, retail, and industrial acquisitions. We represent buyers and sellers of office buildings, shopping centers, strip retail, warehouses, and industrial properties. Each asset class has its own due diligence checklist and title considerations.
- Multifamily acquisitions. Apartment building and multifamily property purchases involve tenant rolls, security deposit accounting, and existing lease review, in addition to standard real estate due diligence.
- Commercial leases on the landlord side. We draft and negotiate commercial leases for landlords, including triple-net leases, percentage leases for retail tenants, and ground leases.
- Commercial leases on the tenant side. We review and negotiate commercial leases for business tenants, including work letters, build-out allowances, options to renew, and assignment and sublease rights.
- Sale-leaseback transactions. When an operating business sells real estate to an investor and leases it back, we coordinate both sides of the deal so the sale and lease track each other properly.
- 1031 like-kind exchanges. We coordinate the closing with qualified intermediaries and track the 45-day identification and 180-day exchange deadlines for investors deferring capital gains.
- Real estate property closing. For parties who need closing services only rather than full representation, we handle closing-only engagements on commercial deals.
- Commercial refinancing and loan closings. We represent borrowers and lenders on commercial mortgage closings, CMBS loan refinancings, and construction-to-permanent conversions.
- Development-related acquisitions. Acquisitions intended for commercial real estate development often involve zoning contingencies and entitlement reviews, which we coordinate with land use counsel. Investors with residential real estate holdings benefit from coordinated counsel across the full portfolio.
- Entity-to-entity transfers. Moving commercial property into a new LLC or land trust for liability protection requires careful deed preparation, title coordination, and lender consent.
Florida Legal Requirements for Commercial Real Estate
Commercial real estate transactions in Florida sit at the intersection of state property law, federal tax rules, environmental regulations, and local zoning.
Commercial landlord-tenant matters fall under Chapter 83, Part I of the Florida Statutes, which governs nonresidential tenancies. Unlike the residential provisions in Part II, the commercial portion of Chapter 83 gives landlords and tenants substantial freedom to contract for terms, remedies, and notice periods. Default commercial lease law applies when the lease is silent, which is why clear drafting matters so much.
Mortgages, liens, and other encumbrances on real property are covered in Chapter 697 of the Florida Statutes. Commercial mortgages and assignments of rents fall under this chapter, which also addresses future advance provisions and lien priority between successive encumbrances.
Federal tax law drives a significant portion of commercial real estate planning. Since the Tax Cuts and Jobs Act, Section 1031 applies only to exchanges of real property held for trade, business, or investment use, not to personal property. Meeting the 45-day identification deadline and the 180-day exchange deadline is required for deferred treatment.
Environmental due diligence is standard on most commercial acquisitions. Phase I Environmental Site Assessments follow the ASTM E1527 standard, and the EPA brownfields program provides resources for properties with known or suspected contamination and technical guidance on cleanup standards.
Financing programs also shape commercial acquisitions. The SBA 504 loan program provides long-term fixed-rate financing of up to $5.5 million for owner-occupied commercial real estate, which comes up regularly for small businesses buying the buildings they operate from.
Important Aspects of a South Florida Commercial Real Estate Case
Commercial deals follow a different rhythm from residential closings. Our South Florida commercial real estate attorney tracks the following components through the transaction timeline.
Letters of Intent and Purchase Contracts
Commercial purchases typically start with a letter of intent that outlines the business terms before either side spends money on formal documentation. The letter of intent should clearly state which terms are binding, such as confidentiality and exclusivity provisions, and which are not, because courts will sometimes enforce a letter of intent as a binding contract if it is not clearly marked non-binding. The purchase and sale agreement follows, with substantially more detail on representations, warranties, conditions precedent, and remedies.
Due Diligence and Environmental Review
The due diligence period is where most commercial deals are won, lost, or renegotiated. Title, survey, environmental, zoning, operating statements, leases, service contracts, and permits all get reviewed. A Phase I Environmental Site Assessment is typical. Phase II sampling may be required if the Phase I identifies recognized environmental conditions. Terminating or renegotiating during due diligence costs far less than addressing the same issues after closing.
Commercial Title and Survey
Commercial title commitments include more exceptions than residential policies. Each exception should be reviewed, and some can be removed by endorsement or by the seller providing additional documentation. The survey identifies encroachments, easements, and boundary issues that the title search alone may not catch. Surveys coordinated with the title commitment allow for survey exceptions to be deleted from the final policy.
Loan Documents and Lender Requirements
Commercial loan closings involve the promissory note, mortgage, assignment of rents, guaranty, loan agreement, and often SNDAs with existing tenants. Lenders also require title endorsements, hazard and liability insurance certificates, UCC searches, and organizational documents for the borrower entity. Coordinating these items well before the closing date keeps funding on schedule.
Leases and Tenant Matters
For leased commercial properties, the rent roll, tenant estoppel certificates, and existing leases drive a substantial portion of the deal value. Estoppels confirm rent, security deposits, renewal options, and any claims tenants may have against the landlord. Existing leases are assigned to the buyer at closing, and tenant notices are sent after closing.
Closing and Post-Closing
At closing, deeds are signed, funds are wired, loan documents are executed, and the closing package goes to recording. Post-closing work often continues: tenant notification letters, service contract assignments, utility transfers, and insurance updates. Proper post-closing follow-through protects the buyer’s position from day one of ownership.
Contact Loshak Law PLLC
If you’re negotiating a letter of intent, reviewing a purchase contract, structuring a 1031 exchange, refinancing a commercial loan, or dealing with a lease issue, early legal involvement usually keeps the transaction on schedule. Our South Florida commercial real estate attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood.
Contact us to schedule a consultation. During that first conversation, we will review the business terms, identify the due diligence and closing issues to address, and discuss fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your next commercial transaction.
