Commercial real estate refers to non-residential properties used for business or investment purposes- from office buildings and retail plazas to industrial parks and mixed-use developments. Legal issues in this area are often complex, involving large transactions, financing, development regulations, and tenant relationships. A specialized commercial real estate lawyer can guide you through every step of a transaction or dispute, ensuring that your interests are protected under the law. Whether you are a developer, investor, landlord, or tenant, our team provides legal services that make complex deals manageable and compliant.
In provinces like British Columbia, the law imposes a strict duty on buyers to investigate properties before purchase ("caveat emptor," or "buyer beware"). This means a purchaser assumes the risk of defects unless fraud or undisclosed problems are proven. In one recent B.C. case (Zuo v. Chen), a buyer who failed to discover site contamination on an "as is, where is" basis was ordered to pay $2.67 million in damages. This example underscores why thorough due diligence is essential in all commercial real estate transactions. Our lawyers ensure you have the information needed to make informed decisions and negotiate favourable terms.
We offer expert advice on purchase and sale transactions, leasing, financing, and development projects, tailoring our approach to your specific needs. With offices serving Toronto, British Columbia and other key markets, we are familiar with local land use rules, zoning bylaws and market trends. When you need a trusted commercial property lawyer or commercial real estate lawyer near me, our team is ready to help protect your investment and avoid costly pitfalls.
What Is Commercial Real Estate?
Commercial real estate refers to properties used exclusively for business purposes, such as:
- Office buildings
- Retail storefronts and shopping centres.
- Hotels and resorts
- Industrial and logistics facilities
- Mixed-use developments
- Multi-unit rental buildings (often classified as commercial in certain provinces)
Because of the high-value nature of these assets and the involvement of multiple stakeholders- owners, developers, lenders, tenants, and municipalities; each deal requires careful legal planning and execution.
Our Commercial Real Estate Law Services
Our firm provides a full spectrum of commercial real estate legal services tailored to your business objectives. We safeguard your interests by handling everything from land acquisition and disposition to complex development agreements. We begin each engagement with rigorous due diligence- including title searches, land surveys, environmental assessments, and lease reviews to uncover any issues before you commit to a deal. Below is an overview of key services we offer:
1. Sale and Purchase of Commercial Property:
Drafting, negotiating, and finalizing agreements of purchase and sale for business or investment properties. We work closely with buyers and sellers on all elements of closing, including coordinating seller's disclosure, title search, registration, and corporate authorizations. We also advise corporations or investment groups on buying or selling properties, ensuring corporate status and bankruptcy searches are done as needed.
2. Commercial Real Estate Transactions:
Expert guidance on all aspects of commercial deals- acquisitions, divestitures, exchanges and due diligence. We meticulously review land titles, easements and encumbrances to confirm clear ownership rights before transfer. For sellers, we help clear title defects and liens so the sale can close smoothly.
3. Financing and Secured Lending:
Assisting clients with mortgages, refinancing, and loan structuring. We negotiate mortgage terms with banks and private lenders, prepare or review loan documentation, and ensure compliance with land registry laws (e.g. Land Title Act registrations in BC or Ontario). Whether it's a simple mortgage or a complex leveraged deal, we protect your security interests.
4. Commercial Leases:
Drafting and negotiating lease agreements for office, retail, industrial and mixed-use properties. We represent both landlords and tenants on leasing matters. Services include preparing tenancy agreements, advising on rent, term, and common area costs, and resolving parking or amenity issues. Our lawyers handle standard leases as well as specialized arrangements (such as ground leases, rooftop solar leases or multi-unit agreements).
5. Construction and Development Agreements:
Advising on property development, construction contracts, and joint ventures. We assist with land assembly and subdivision, zoning and land use approvals, and negotiating development or contractor agreements. This includes forming joint venture partnerships and ground lease arrangements, as needed. We help navigate municipal approvals and compliance with planning regulations so your development project stays on track.
Ontario's Planning Act, R.S.O. 1990, c. P.13, and BC's Local Government Act regulate land use, planning approvals, and development charges. Failing to obtain approvals can result in orders to stop construction or even demolish unauthorized structures.
6. Corporate and Business Transactions:
Incorporating real estate into broader business deals. Whether you are buying/selling a company that owns property or acquiring land as part of a corporate merger, we ensure the real estate components of the transaction are handled correctly. We draft and review share purchase agreements and asset sale agreements with clear real property provisions, and coordinate between corporate counsel and real estate lawyers to align the transaction with your long-term objectives.
7. Real Estate Investment Trust (REIT) and Investor Services:
We represent real estate investors and REITs, providing sophisticated advice on acquisitions, disposals and portfolio management. We understand the special considerations for institutional and fund investors, including compliance with securities laws and tax planning, and we tailor our work to support your investment strategy.
8. Real Estate Litigation and Dispute Resolution:
Resolving conflicts through negotiation or court. Our litigation team handles dispute such as breach of contract, title and boundary claims, adverse possession, developer-municipality conflicts, and landlord-tenant controversies. For example, Ontario courts have held landlords liable for pre-lease misrepresentations despite "entire agreement" clauses. We draw on such case law to protect clients when disputes arise.
9. Title Insurance:
Advising on and securing title insurance policies to protect against unknown title defects. Whether you require a standard policy for a commercial closing or specialized coverage for a development site, we help tailor the insurance to your transaction's needs and work with insurers to issue the policy.
At every step, we coordinate closely with all parties (agents, lenders, developers, municipal officials) to keep transactions on schedule and cost-efficient. Our goal is to mitigate liability and streamline the process so you can focus on your business, not paperwork.
What Does a Real Estate Lawyer Do for You?
A skilled real estate lawyer provides critical support throughout a transaction or dispute. Key tasks include:
- Due Diligence: We investigate the property's legal and physical condition. Our team conducts a thorough title search, checks for mortgages and liens, reviews surveys and site plans, and examines any environmental or zoning issues. We also obtain copies of existing leases (if tenants occupy the property) and verify their terms. This diligence helps you understand exactly what you are buying or inheriting.
- Negotiation and Contract Drafting: We draft and negotiate the Agreement of Purchase and Sale (or lease) to reflect the negotiated deal terms. This includes setting clear closing conditions (for example, financing or inspection clauses) and dealing with complex terms like development commitments or tenant estoppel certificates. If representations or warranties are important, we ensure they are properly documented (and that an entire-agreement clause won't eliminate them). This protects you from misrepresentation risk.
- Regulatory Compliance: We walk you through any regulatory approvals or licenses required. For commercial buying, this may include examinations of zoning bylaws and building code reviews. For development projects, we help with rezoning or development permit applications. We also see to it that there is compliance with real estate legislation and brokerage rules.
- Financial and Closing Arrangements: When it's time to close, we coordinate the exchange of funds and documents. Our lawyers prepare or review mortgage and loan documents, arrange wire transfers of the purchase price, and oversee registration of the deed or lease and mortgage at the Land Titles Office (in BC, Ontario or Quebec land registry systems). We often arrange for title insurance and coordinate with lenders' counsel or escrow agents to ensure a smooth closing.
- Dispute Resolution: If a dispute emerges; for example, if a seller is alleged to have made false statements or a landlord breaks a lease covenant, we act to enforce your rights. We handle negotiations, mediation, or litigation. For instance, in one Ontario case, a landlord's false pre-lease promises about parking were found negligent. We use such precedents to protect tenants or buyers against fraud or negligence. Conversely, if you are a seller or landlord, we enforce contracts and defend against unwarranted claims.
Throughout the process, your lawyer keeps you informed of risks and options. We explain the legal implications of each decision in plain language. By managing the legal details, we allow you to focus on your broader real estate investment strategy, confident that your transaction is handled professionally.
Why Choose Pacific Legal As your Real Estate Lawyer?
Choosing the right legal team can make a decisive difference in a commercial real estate deal. Here's why clients trust us as their commercial real estate law firm:
- Client-Centric Approach: We make your goals our priority. Our lawyers take the time to understand your business and tailor solutions to fit your needs. We maintain clear communication and respond promptly, so you know exactly where the deal stands.
- Deep Expertise: Our team has extensive experience in both commercial law and real estate. We stay up to date on legal developments affecting property transactions. This expertise means we spot potential issues early- such as unusual contract clauses or unexpected title defects- and address them before they become problems.
- Proven Track Record: We have successfully closed complex transactions and resolved disputes for a wide range of clients. As one article notes, top real estate litigators represent "developers, real estate investors, commercial landlords, and REITs" on large-scale projects. Our record of client testimonials and outcomes speaks to our commitment to excellence.
- Innovative and Efficient: We utilize technology to better serve you. Our firm provides safe online signing of documents and video conferences, which save time and money. This contemporary method is more convenient to do business and allows us to offer cost-effective services without compromising on quality.
- Transparent Pricing: We provide clear, upfront fee estimates for common transactions. You won't find hidden charges- we believe in full transparency so you can budget accurately.
- Local Knowledge, Global Reach: With offices in Toronto and British Columbia, we combine local market knowledge with a broad network. If you're searching for a "commercial real estate lawyer near me," we're positioned to assist wherever you do business. We understand regional regulations- whether Ontario's Planning Act or BC's Land Title Act- and have the local relationships to facilitate smooth approvals and closings.
- Dedicated Support: From start to finish, we work for your success. Whether helping you secure financing, drafting robust contracts, or litigating a complicated dispute, we stand by you. As one firm puts it, hiring us means gaining "a partner committed to your commercial success".
By choosing our firm, you gain a trusted advisor and advocate. We combine a wide range of services with personal attention, ensuring your commercial real estate venture is handled intelligently, efficiently and effectively.
Contact Pacific Legal for Real Estate Law Services
Navigating commercial real estate law requires specialized knowledge and attention to detail. With our comprehensive services from acquisitions and due diligence to lease negotiations and dispute resolution – you gain the expertise needed to close deals and solve problems. We handle every aspect of your transaction, protecting you against risks such as title defects, zoning issues or contract misrepresentations.
Our commitment to cost-effective, transparent legal solutions means you receive high-quality advice without surprises. Whether you are buying a shopping centre, refinancing an office tower, entering a development project, or leasing industrial space, our team stands ready. Don't let legal complexities derail your opportunity: contact us to learn how our commercial property lawyers can guide your next real estate transaction and help secure your investment for the future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
