The De Bruin Law Firm represents banks, mortgage companies, and individuals in real estate closings for single family homes, as well as multi-site properties, including hotels, motels, factories, and other commercial properties.
If you own a business and are buying or selling real estate, our real estate closing services can help. Our business law knowledge combined with our real estate services allow corporations, LLCs, partnerships, and sole proprietors to know their closing will be handled correctly.
Working in the complex world of commercial real estate in South Carolina requires more than just a sharp eye for profitable properties. Whether you’re an investor, broker, or agent, having a seasoned South Carolina commercial real estate lawyer by your side is essential.
From managing legal compliance and drafting airtight contracts to ensuring a smooth closing process, a South Carolina commercial real estate lawyer plays a pivotal role in safeguarding your interests in every transaction.
Title insurance is one of the most critical protections in any real estate transaction, especially in commercial dealings where large sums of money and property value are at stake. A South Carolina commercial real estate lawyer ensures that your title is clear and marketable before you finalize a deal.
Title insurance protects buyers and lenders from financial loss due to defects in a property’s title, such as unknown liens, encumbrances, errors in public records, or fraudulent documentation. Unlike other forms of insurance that protect against future events, title insurance covers past events that could disrupt your legal ownership.
A commercial real estate lawyer in South Carolina typically performs a thorough title search to uncover any issues. If defects are found, the attorney will work to resolve them—negotiating lien releases, clarifying boundary disputes, or correcting filing errors. Once the title is cleared, the lawyer can issue a title opinion and coordinate with a title company to secure your policy.
In South Carolina, attorneys are legally required to handle real estate closings and often work directly with title companies. This integrated role ensures there’s no gap between legal counsel and title protection—offering peace of mind to buyers and lenders alike.
South Carolina is an attractive market for commercial real estate investors due to its growing population, business-friendly climate, and strategic location. Whether you’re acquiring retail space, industrial properties, or multi-family units, a commercial real estate lawyer is a vital part of your investment strategy.
Before committing capital, investors need to conduct thorough due diligence—a process your lawyer can spearhead. This includes reviewing:
A skilled lawyer will identify legal red flags and help you make informed investment decisions, potentially saving you thousands—or even millions—in the long run.
Investors often operate through LLCs, partnerships, or REITs to protect personal assets and optimize tax liabilities. A South Carolina commercial real estate attorney can advise on entity formation, draft operating agreements, and ensure you’re compliant with state and federal regulations.
Commercial property deals involve intricate contracts, including letters of intent (LOIs), purchase agreements, lease contracts, and financing terms. Your South Carolina commercial real estate lawyer ensures these documents align with your interests, negotiating favorable terms and minimizing risk exposure.
Real estate agents and brokers in South Carolina also benefit from working closely with commercial real estate attorneys. While agents focus on marketing, negotiations, and client service, lawyers handle the legal side of the transaction—creating a seamless and secure process for all parties.
A key service provided to agents and brokers is contract review and drafting. Lawyers can help draft:
Having a South Carolina commercial real estate lawyer involved ensures contracts are legally sound and tailored to each unique transaction, helping agents avoid legal disputes down the line.
Conflicts occasionally arise in commercial transactions, whether over deposits, contingencies, or performance obligations. A commercial real estate lawyer can act as a mediator or litigator, helping agents and brokers resolve issues swiftly and professionally—before they escalate into costly lawsuits.
South Carolina has strict regulations regarding real estate practice, disclosures, and closings. An experienced attorney helps ensure agents and brokers comply with:
This guidance protects agents’ licenses and reputations, while also reducing risk for their clients.
At the heart of every successful commercial real estate transaction lies meticulous legal guidance. The stakes are undeniably high, with potential for substantial financial gains or losses. Without proper legal counsel, even seemingly minor oversights can lead to costly disputes, project delays, or even the complete collapse of a deal. A South Carolina commercial real estate lawyer serves as a linchpin, ensuring that all parties adhere to legal standards, that agreements are ironclad, and that potential risks are identified and mitigated proactively. Their involvement goes beyond mere paperwork; it encompasses strategic planning, negotiation, and dispute resolution, all aimed at safeguarding their client’s investment and achieving their objectives.
The purchase and sale agreement (PSA) is the bedrock of any commercial property transaction. Far more intricate than its residential counterpart, a commercial PSA is a highly customized document that dictates the terms and conditions under which a property will be transferred.
These agreements are replete with critical clauses designed to protect both the buyer and the seller. A South Carolina commercial real estate lawyer plays a pivotal role in drafting, reviewing, and negotiating these agreements.
Key components typically found in a commercial PSA include contingency clauses, which allow parties to withdraw from the agreement if certain conditions are not met, such as obtaining satisfactory financing or environmental clearances.
Inspection periods are another crucial element, granting the buyer time to conduct due diligence, including property inspections, environmental assessments, and zoning reviews.
Financing conditions outline the terms under which the buyer will secure the necessary funds, often specifying deadlines and types of loans.
Closing obligations detail the responsibilities of each party leading up to the final transfer of ownership, while escrow provisions explain how funds and documents will be held by a neutral third party until all conditions are satisfied.
The lawyer’s expertise ensures that every clause within the PSA is meticulously clear, legally enforceable, and precisely aligned with their client’s overarching goals. They meticulously identify and address potential pitfalls, mitigating risks before they escalate into significant problems that could jeopardize the entire transaction. Their ability to anticipate future challenges and draft protective language is invaluable in securing a favorable outcome for their client.
Commercial lease agreements are remarkably diverse, reflecting the unique needs and characteristics of various businesses and properties. Unlike standardized residential leases, commercial leases are highly customizable and demand careful consideration of numerous factors. Whether an individual or entity is acting as a landlord seeking to maximize their investment, or a tenant looking to secure suitable premises for their operations, the guidance of a skilled South Carolina commercial real estate lawyer is essential.
Lawyers assist in the drafting and review of a wide array of commercial lease types.
Triple net (NNN) leases are common, where the tenant is responsible for paying not only rent but also property taxes, insurance, and maintenance costs.
Gross and modified gross leases, conversely, place more of the financial burden for these expenses on the landlord.
Build-to-suit or ground leases are specialized agreements where a tenant leases land and constructs a building according to their specifications, often with long-term commitments.
Subleases and lease assignments involve transferring existing lease obligations to a new party, requiring careful legal scrutiny to ensure compliance with the original lease terms and to protect the interests of all involved.
These documents necessitate rigorous attention to detail, particularly regarding rental terms, which can include base rent, percentage rent, and escalation clauses. Repair responsibilities must be clearly delineated to avoid future disputes.
Termination clauses outline the conditions under which either party can end the lease early, and renewal options specify the terms under which a tenant can extend their occupancy.
A South Carolina real estate lawyer customizes each lease to the specific needs of their client and the prevailing market conditions, ensuring that the agreement is equitable, enforceable, and provides long-term stability.
Commercial real estate transactions often involve highly complex financing structures, requiring a deep understanding of financial instruments and banking regulations. Securing the necessary capital is a critical phase, and the involvement of an experienced commercial real estate lawyer is paramount in protecting the client’s financial interests.
Lawyers play a crucial role in reviewing and scrutinizing loan documents, which can be extensive and contain highly technical legal and financial language. This includes promissory notes, mortgages or deeds of trust, security agreements, and guarantees.
They are skilled in negotiating with lenders on behalf of their clients, striving to secure favorable terms, interest rates, repayment schedules, and prepayment penalties. Lawyers also meticulously address issues related to collateral and guarantees, ensuring that their client’s assets are appropriately protected and that personal guarantees, if required, are fair and limited in scope.
Furthermore, a South Carolina commercial real estate lawyer ensures strict compliance with relevant financial regulations, such as the Dodd-Frank Act and other state and federal banking laws. This regulatory landscape is constantly evolving, and non-compliance can lead to severe penalties.
By having a lawyer involved throughout the financing process, clients are shielded from hidden fees, unfair terms, predatory lending practices, or potential breaches of lending agreements.
They provide a critical layer of protection, enabling clients to secure the necessary funding on terms that are transparent, equitable, and sustainable for their commercial endeavors. In essence, the lawyer acts as a vigilant guardian, ensuring that the financial bedrock of the commercial real estate deal is sound and secure.
In South Carolina, real estate closings must be conducted by licensed attorneys. This makes your lawyer not just an optional consultant but a mandatory part of the transaction.
A commercial real estate lawyer manages the entire closing process, including:
Their job is to ensure that everything is in place for a smooth, legal, and timely closing.
After closing, the South Carolina commercial real estate lawyer is responsible for recording the deed and mortgage documents with the appropriate county office. They also issue final title policies and provide closing binders to all parties, ensuring you have the proper documentation for your records and tax filings.
Sometimes, issues arise after the closing, such as a missed lien, an easement dispute, or a breach of contract. A commercial real estate attorney can help you address these matters through negotiation, mediation, or litigation—continuing to protect your interests long after the deal is done.
Navigating commercial real estate transactions in Greenville, SC, can be a complex process. From purchasing an office building to leasing a retail space or developing a new property, these deals involve numerous legal and financial considerations. Partnering with a real estate attorney provides a layer of protection and guidance, helping you manage the intricate details of the process.
One of the primary reasons to engage legal counsel is to ensure the clarity and integrity of all documents. Commercial real estate agreements are often dense, filled with specific legal terminology.
An attorney can review and interpret these contracts, identifying any provisions that might be disadvantageous or create future liability. They work to make sure the terms align with your business goals and protect your interests, negotiating on your behalf for better outcomes on items like purchase and sale agreements, leases, and financing documents.
In addition to contract review, a real estate attorney assists with the due diligence phase of a transaction. This involves a thorough examination of the property’s history and legal status. They can conduct title searches to uncover potential issues such as liens, easements, or ownership disputes that could hinder the deal.
For development projects, they can also help with zoning and land use matters, making sure the property is suitable for its intended purpose and that all necessary regulatory approvals are secured. This careful investigation can prevent significant problems and costs down the road.
Furthermore, a real estate attorney can help streamline the closing process. South Carolina law mandates that an attorney handle all real estate closings, a requirement that underscores the importance of legal involvement.
Your attorney coordinates with all parties involved, including buyers, sellers, lenders, and title companies, to ensure a smooth and efficient transition. They prepare and review the final settlement statements and other closing documents, ensuring all financial and legal aspects of the transaction are handled correctly.
Should a dispute arise, having an attorney on your side is invaluable. They can act as a representative in negotiations or, if necessary, in court. Their presence can often help resolve conflicts before they escalate into costly and time-consuming litigation. From a disagreement over a deposit to a breach of contract, a legal advocate can work to secure a resolution that upholds your rights and business objectives. In essence, a real estate attorney acts as a crucial partner, providing careful attention and representation throughout every stage of your commercial real estate journey in Greenville.
Commercial real estate transactions in South Carolina are governed by a complex web of legal requirements, due diligence processes, and contract negotiations. Whether you’re an investor, broker, agent, or business owner, partnering with a South Carolina commercial real estate lawyer is not just smart—it’s essential.
From securing clean title insurance and structuring your investments to navigating leases, financing, and closings, these legal professionals help you protect your interests, avoid costly mistakes, and complete transactions with confidence.
If you’re preparing to buy, sell, or lease commercial property in South Carolina, don’t leave your success to chance. Consult a qualified commercial real estate attorney to guide you every step of the way.
The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.
