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How to negotiate a CRE purchase agreement

On Behalf of | Mar 11, 2023 | Banking And Finance

Negotiating a commercial real estate (CRE) purchase agreement in New York can be a complex process with many factors to consider. Whether you are a buyer or a seller, it is important to approach the negotiation process carefully and thoughtfully to ensure that your interests are protected.

Identify your goals and priorities

Before entering into commercial real estate negotiations, it is essential to identify your goals and priorities for the transaction. For buyers, this may include factors such as price, financing, due diligence and contingencies.

For sellers, goals may include maximizing the sale price, limiting liability and ensuring a smooth transaction process. By identifying your goals and priorities, you can approach negotiations with a clear understanding of what you want to achieve.

Conduct due diligence

Before entering into negotiations, conducting due diligence on the property will allow you to become aware of any potential issues or risks. This may include reviewing financial statements, property inspections, zoning and land use regulations and title searches. By conducting thorough due diligence, you can identify any potential issues to address during negotiations.

Understand the terms of the agreement

Carefully reviewing and understanding the terms of the purchase agreement before entering into negotiations can keep you away from making bad investments. This may include the purchase price, closing date, contingencies and other important details. If there are terms that are unclear or that you are not comfortable with, it is important to address these during negotiations to ensure that the agreement is fair and equitable.

Be prepared to negotiate

Negotiating a CRE purchase agreement often involves give-and-take on both sides. Being prepared to negotiate and to approach negotiations in a collaborative and constructive manner will make for a hassle-free experience. By understanding the other party’s goals and priorities, you can work to find mutually beneficial solutions that meet both parties’ needs.

Negotiating a CRE purchase agreement can be a complex and challenging process, but with careful preparation and the right team in place, it is possible to achieve a successful outcome.