Real Estate

Key Considerations in a Commercial Real Estate Acquisition

Due diligence, financing conditions, and title work determine whether an acquisition closes cleanly, or becomes a problem at the closing table.

June 29, 20266 min readBy James Harrington

A commercial acquisition looks straightforward at the letter of intent stage: buyer, price, schedule. Everything that decides whether the deal is a good one happens in the window between drafting the LOI and signing the contract, and the work that protects the buyer is done before the first wire transfer.

Due diligence disproves or confirms your thesis

The purchase price reflects an assumption about the property: its income, its physical condition, its entitlements, and the structure of its leases. Due diligence is the process of testing those assumptions. Inspections, financial review, lease abstracts, and a survey of the property's actual condition are the tools; the question is whether the asset matches the story being sold.

Each finding is either a basis to adjust price, a condition to closing, or a reason not to proceed. Approaching diligence as a formality, rather than the substance of the deal, is how buyers inherit the problems sellers were paid to leave.

Title and entitlement work protect ownership

Title work confirms you are getting what you are paying for: ownership free of encumbrances, usable access, and compliance with the entitlements the property's value depends on. A title issue that surfaces after closing is no longer a bargaining point; it is a loss.

The same is true of zoning and land use. A property's permitted use is often its value, and it is cheaper to verify entitlements before closing than to discover a use restriction when a tenant is ready to sign.

Conditions and timing protect the deposit

The purchase agreement sets the conditions that protect the buyer's deposit, financing, diligence, approval of the lease portfolio, and inspection. A contract with weak or fast-moving conditions converts the deposit into a hostage.

Timing is part of the protection. Enough room to complete diligence and satisfy conditions, with extensions only where the buyer controls them, keeps the buyer from negotiating against a deadline they did not set.

Begin the Conversation

The right advice starts with a conversation.

If this article raised a question about your own situation, we are glad to discuss it in confidence.