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Due Diligence in a Commercial Real Estate Deal

The investigation period that lets a buyer confirm what it's really buying.

What is due diligence in a commercial real estate deal?

Due diligence is the investigation period — negotiated into the purchase and sale agreement — during which a buyer confirms exactly what it is buying before committing. If the review turns up a problem, the buyer can usually renegotiate or walk away and recover its deposit.

What a buyer reviews

  • Title and survey — liens, easements, encroachments, and boundaries;
  • Physical condition — building systems, environmental, structural;
  • Leases and income — rent roll, estoppels, and tenant obligations; and/or
  • Zoning and permits — that the intended use is actually allowed.

Why the deadline matters

Due diligence rights expire on a set date. Miss it, and the buyer may lose the ability to object or terminate — and be committed to close. Managing the diligence calendar is as important as the review itself.

How Nochumson P.C. helps

Nochumson P.C. runs legal due diligence — title, survey, leases, and zoning — for buyers and investors in commercial deals. Contact us before your diligence period runs.

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