How to Write Commercial Real Estate Contracts

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    • 1). Consult with a commercial real estate attorney. If this is your first time writing or signing a commercial real estate contract and you don't have previous experience with commercial real estate, the few hundred dollars you will spend on legal advice will probably save you thousands in costly mistakes down the line.

    • 2). List the names, positions, addresses and contact information of both the landlord and the tenant. It will often be necessary for one party to contact the other in the future.

    • 3). List the address of the property being leased.

    • 4). Name the exact duration of the lease agreement, from the starting date to the ending date.

    • 5). Include all payment information, such as upfront deposits and monthly rent, and specify what each type of payment is for. In the case of a deposit, describe how it may be refunded in the future. Specify who will pay for what when it comes to likely and costly expenses, such as roof repair.

    • 6). Include specific language addressing the issue of early lease termination. Go over the scenarios under which both parties will be allowed to terminate the lease without penalty. Detail what the penalty will be in cases of invalid early termination.

    • 7). List all acceptable uses of the property, and include provisions that the business leasing the space may conduct its business operations without interruption or harassment from the landlord or other parties.

    • 8). Lay out the method for resolving legal disputes with the contract. You may prefer to avoid litigation, if possible.

    • 9). Indicate the amount of advance notice necessary in all cases where it might be applicable for one party to give advance notice to the other before undertaking some action, such as terminating the lease.

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      Resubmit the contract for final review by a commercial real estate professional before executing it.

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