Commercial Real Estate Lawyer in Mississauga

How it differs from residential

• No standard form; the agreement is drafted and negotiated from scratch
• Extended due diligence periods, commonly 30 to 90 days
• Environmental risk is a primary concern, not an afterthought
• Existing leases and tenancies transfer with the property and are often the point of the purchase
• HST generally applies, with self-assessment available to registered purchasers
• Financing is negotiated, with lender requirements shaping the closing
• Zoning, permitted use, and work orders can determine whether the property is usable at all

Diligence on a commercial purchase

• Environmental. A Phase I environmental site assessment at minimum; a Phase II where the Phase I identifies potential contamination. Ontario’s Environmental Protection Act can impose remediation obligations on an owner regardless of who caused the contamination, and lenders will not advance without it.
• Zoning and permitted use. Confirm the intended use is permitted as of right, not subject to a variance or a legal non-conforming status that would be lost on a change.
• Building compliance. Work orders, deficiency notices, open permits, fire code compliance, and accessibility requirements.
• Leases. Every lease reviewed, with estoppel certificates from tenants confirming rent, term, deposits, options, and that there are no outstanding landlord obligations.
• Survey. An up-to-date survey or reference plan showing boundaries, easements, encroachments, and parking.
• Title. Easements, restrictive covenants, site plan agreements, development agreements, and registered notices.
• Property condition. A building condition assessment covering structure, roof, and mechanical systems.
• Income verification. Rent roll, actual operating expenses, and confirmation that the represented income exists.

Leasing

We act for both landlords and tenants on commercial leases. For tenants, the provisions that matter most are rarely the base rent: additional rent and how it is calculated, renewal options and how the renewal rate is set, assignment and subletting rights, restoration obligations at the end of the term, relocation clauses, exclusivity, and the scope of any personal or corporate indemnity.

For landlords, the priorities are security, clear default and remedy provisions, control over assignment, and ensuring the additional rent provisions actually recover what they are intended to recover.