Commercial Real Estate Due Diligence Documents

Due diligence is a crucial part of a commercial estate transaction. Due diligence allows buyers to review the property with their professional advisors and determine whether the property is suitable for them.

Often the contract will require the seller to supply all necessary documents and information needed by the buyer to conduct their due diligence. These include surveys, title policies and improvement location certificates (ILC’s) and the zoning issues and any prior zoning permits that could affect the property. Due diligence periods typically range from 30-90 days, depending on the needs of both parties.

After a buyer has conducted their due diligence, they typically schedule structural, engineering, building and mechanical inspections. A box is included in the contract to indicate the date of due diligence and optionally, a survey. On these dates, the purchaser will receive a written report of the results of their inspections. They can decide to continue with the purchase or to end the contract.

The Association Documents Objection Deadline is another aspect that is often agreed upon. It allows buyers a certain amount time to read HOA documentation, including architectural control, pet and covenants and parking rules. This is usually set at 10-14 days following the MEC.

Additionally a new ILC or survey may be required if the prior one is not current or if there are any issues with regard to property lines and boundaries. The New ILC/Survey Deadline is a date which specifies when the buyer has to receive these documents and any objections need to be addressed or removed by this date.

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