Commercial Real Estate Attorney in Fort Lauderdale
Commercial real estate transactions in South Florida involve substantial capital, complex deal structures, and legal requirements that go far beyond those of a residential purchase. I’m Eric J. Goldman, and I represent investors, business owners, developers, and commercial landlords in transactions involving office buildings, retail centers, industrial facilities, mixed-use developments, and vacant land throughout Fort Lauderdale, Broward County, and the greater South Florida region.
From Downtown Fort Lauderdale’s rapidly evolving commercial corridor to the industrial parks of Deerfield Beach and the retail centers of Plantation and Sunrise, I’ve handled commercial transactions across every submarket in Broward County.
Commercial Transaction Services
Acquisitions and Dispositions
Purchasing or selling commercial property requires a structured, methodical approach. I represent clients from the initial letter of intent through due diligence, contract negotiation, financing, and closing. Commercial purchase agreements are typically much more detailed than residential contracts, with extended due diligence periods, complex contingency provisions, and allocation of risks that require careful drafting and review. Every commercial deal I handle is tailored to the specific property, the parties involved, and the client’s long-term business objectives.
Due Diligence
Thorough due diligence is the foundation of any sound commercial real estate investment. I coordinate and review the following on behalf of my clients:
- Title examination and resolution of title defects
- Survey review and analysis of boundary, easement, and access issues
- Environmental assessments (Phase I and Phase II reports)
- Zoning verification and compliance with Broward County and municipal land use regulations
- Review of existing leases, service contracts, and vendor agreements
- Financial analysis including rent rolls, operating statements, and tax records
- Building code compliance and open permit verification
- Flood zone determination and insurance requirements
In South Florida, environmental concerns are particularly important. Properties near waterways, former gas stations, dry cleaners, or industrial sites may carry environmental contamination that can create significant legal liability for the new owner. I ensure that environmental risks are properly identified and addressed before you close.
Commercial Lease Negotiations
Whether you’re a landlord leasing space in a Fort Lauderdale office tower or a tenant negotiating a retail lease in a Broward County shopping center, the lease terms dictate your rights and obligations for years to come. I draft and negotiate commercial leases including:
- Office leases (gross, modified gross, and net structures)
- Retail leases with percentage rent provisions
- Industrial and warehouse leases
- Ground leases for development projects
- Sublease and assignment agreements
Key provisions I focus on include rent escalation structures, common area maintenance (CAM) charges, tenant improvement allowances, exclusivity clauses, co-tenancy requirements, renewal and expansion options, assignment and subletting rights, and default and remedy provisions. A poorly drafted lease can cost a business hundreds of thousands of dollars over its term — and I’ve seen it happen more than once.
Zoning and Land Use
Broward County’s zoning regulations, along with municipal zoning codes in Fort Lauderdale and surrounding cities, govern what you can build and how you can use commercial property. Before acquiring property for development or a change in use, I verify that the intended use is permitted under current zoning or identify the approvals needed. This may involve applications for variances, special exceptions, or rezoning before the local planning and zoning board. Failing to address zoning issues before acquisition can turn a promising investment into an expensive mistake.
1031 Exchanges and Investment Structures
Many of my commercial clients utilize Section 1031 of the Internal Revenue Code to defer capital gains taxes when selling investment property. I work closely with qualified intermediaries to ensure that exchange transactions comply with strict IRS timelines and requirements. I also advise on entity structuring — determining whether to hold commercial property through an LLC, partnership, corporation, or trust — based on the client’s liability protection, tax planning, and estate planning objectives.
Financing and Lender Requirements
Commercial financing is significantly more complex than residential mortgage lending. I review and negotiate loan documents including commercial mortgages, promissory notes, guaranty agreements, assignment of rents, and UCC filings. I also represent clients in SBA-backed financing, private lending transactions, and seller financing arrangements. Understanding the lender’s requirements and the borrower’s protections in each of these structures is critical to a successful closing.
Frequently Asked Questions About Commercial Real Estate in Florida
How long does a commercial real estate closing take in Florida?
Commercial closings typically take 60-120 days, though the timeline varies significantly depending on the complexity of the transaction, the extent of due diligence required, financing contingencies, and whether governmental approvals are needed. Transactions involving environmental assessments, zoning changes, or multi-party negotiations can take considerably longer. I establish realistic timelines at the outset and work to keep the transaction on track.
What is a Phase I environmental assessment?
A Phase I Environmental Site Assessment evaluates the property’s history and current conditions to identify potential environmental contamination. It involves a review of historical records, regulatory databases, aerial photographs, and a physical inspection of the property and surrounding area. If the Phase I reveals potential contamination, a Phase II assessment involving soil and groundwater sampling may be recommended. In South Florida, where many commercial sites have industrial histories, Phase I assessments are a standard and critical component of due diligence.
Should I form an LLC to hold commercial property in Florida?
In most cases, yes. Holding commercial real estate in a limited liability company provides asset protection by separating the property from your personal assets. If a claim arises related to the property — a slip-and-fall injury, an environmental issue, a lease dispute — your personal exposure is generally limited to the assets within the LLC. I help clients establish the appropriate entity structure based on their specific situation, including considerations for tax treatment, multiple investors, and estate planning.
What are common pitfalls in commercial lease negotiations?
The most common issues I see include vague or missing CAM charge definitions that allow unexpected cost increases, inadequate tenant improvement provisions, failure to address assignment and subletting rights, personal guaranty provisions that expose tenants beyond the lease term, automatic renewal clauses that lock parties in unfavorably, and insufficient default cure periods. I address each of these issues — and many others — in every commercial lease I negotiate. For more on contract issues, see my contract review page.
Do I need an attorney for a commercial real estate transaction in Broward County?
Absolutely. Commercial real estate transactions involve far too much complexity and financial exposure to navigate without legal counsel. Beyond the legal issues, an experienced commercial real estate attorney adds value by identifying risks you haven’t considered, negotiating protections that standard form contracts don’t include, coordinating the due diligence process, and ensuring the transaction closes efficiently. The cost of legal representation is a fraction of the cost of the problems it prevents.
Let’s Discuss Your Commercial Real Estate Matter
Whether you’re acquiring a commercial property, negotiating a lease, or structuring an investment, I bring focused legal experience to every transaction. My practice is built on understanding the Broward County commercial market and the legal requirements that apply to it.
Call Eric J. Goldman, P.A. at (954) 536-7557 to schedule a consultation about your commercial real estate matter. Learn more about my full range of real estate legal services.