Commercial Purchase Agreements — The Terms That Control Risk (Not Just Price)

Commercial contracts are where deals are won or lost. If you’re searching “Massachusetts commercial purchase and sale attorney” or “South Shore commercial real estate attorney,” it’s usually because you’ve seen how much risk lives in the paper.

 

At Fitzgerald Law Offices Massachusetts, we treat commercial agreements as a risk map. Here are the terms that deserve real attention:

 

Due diligence: scope, access, and deadlines

 

Commercial deals live or die on diligence: financials, leases, zoning, environmental, and physical condition. Your MA real estate due diligence attorney should confirm what you can inspect and what happens if you find problems.

 

Title, survey, and “what you’re actually buying”

 

Commercial title can involve easements, parking rights, shared drives, and use restrictions. When issues appear, you may need a MA easement attorney or a Massachusetts land court attorney for complex situations. Title insurance endorsements (and the lender’s policy) are often non-negotiable in commercial financing.

 

Tenant deliverables, estoppels, and SNDAs

 

If tenants exist, the agreement should specify required documents, timelines, and consequences if tenants don’t cooperate.

 

Remedies and deposits: what happens if the deal breaks

 

Commercial deposits often “go hard” after diligence. Default provisions determine whether the buyer gets deposit back, whether specific performance is available, and whether liquidated damages apply.

 

Zoning, permitting, and land use

 

If the property’s use is nonconforming or your plan requires approvals, loop in a Massachusetts zoning attorney, Massachusetts permitting lawyer, or Massachusetts land use attorney early. For coastal or environmentally sensitive property, you may also need a Massachusetts coastal property attorney or Massachusetts wetlands permitting attorney—and your contract should reflect that reality.

 

Lease work and LOIs

 

Many deals start with a Letter of Intent. If you’re negotiating that phase, a Massachusetts letter of intent real estate lawyer can prevent “handshake language” from turning into expensive misunderstandings later.

 

And if your transaction involves leasing, the right support looks like:

• Massachusetts commercial lease attorney

• Massachusetts lease review attorney

• MA office lease attorney

• Massachusetts retail lease attorney

• Massachusetts industrial property attorney

Commercial agreements don’t have to be scary—but they do have to be deliberate.