Commercial Real Estate Counsel

Deals, Leases, Diligence, Expenses, Access, and Property Disputes.

Lamphere Legal helps owners, investors, landlords, tenants, developers, and operators with commercial real estate transactions, commercial leases, title and survey issues, easements, permitted-use problems, building code issues, common area maintenance expenses, triple net lease obligations, property tax issues, closing statements, commissions, transfer taxes, and disputes involving property operations.

Start with the lane closest to the issue. Each lane keeps the page compact and opens only the tools, checklists, and pressure points that matter for that type of real estate problem.

Call Lamphere Legal: (847) 634-2356

How the property issue gets framed

Use, value, timing, and leverage.

The same real estate problem may involve a lease, a closing statement, a tax bill, a title exception, a municipal record, and an operations dispute. These four pressure points help sort the problem before the first letter, objection, amendment, audit demand, or settlement proposal.

Use

Can the property be used as intended under the lease, zoning, title, easements, permits, restrictions, and municipal records?

  • Permitted use
  • Access and parking
  • Buildout and occupancy

Value

What affects value: rent, pass-throughs, taxes, title issues, credits, transfer taxes, commissions, repairs, or closing adjustments?

  • Closing math
  • Expense charges
  • Assessment appeals

Timing

What deadline controls: inspection period, financing date, cure period, appeal window, closing date, objection deadline, or possession date?

  • Objection deadlines
  • Cure periods
  • Appeal windows

Leverage

What can move the matter: title objections, tax evidence, lease language, municipal records, closing adjustments, audit rights, or settlement structure?

  • Document position
  • Business pressure
  • Settlement structure

Real Estate Lanes

Choose the property issue.

Each lane opens only its own overview, flow, checklist, and calculator where a calculator helps. All calculators are demonstrative only. The documents, ordinances, title materials, tax records, contracts, and closing statements control.

Commercial leasing, CAM, operating expenses, and triple net charges.

Commercial lease issues often involve base rent, additional rent, taxes, insurance, common area maintenance expenses, operating expense reconciliations, audit rights, caps, exclusions, repairs, buildout, signage, parking, access, assignment, sublease, default, surrender, and possession.

Lease review

Rent, use, default, and remedies

Review and negotiation of leases, amendments, guaranties, notices, renewal options, use clauses, repair obligations, and default remedies.

Expenses

CAM and operating expenses

Review of common area maintenance expenses, reconciliations, management fees, taxes, insurance, capital expenses, and audit rights.

Possession

Buildout, delivery, and surrender

Delivery condition, landlord work, tenant work, permits, rent commencement, repairs, surrender obligations, and possession disputes.

CAM and Triple Net Lease Calculator

Estimate how pass-throughs affect gross rent.

This is an educational calculator. It shows how base rent, common area maintenance expenses, property taxes, insurance, utilities, and management charges can change the effective monthly and annual cost of a triple net lease or similar pass-through structure.

Actual lease language controls. Some leases have caps, exclusions, base years, gross-ups, audit windows, or reconciliation rules.

Why this matters

The negotiated rent number may not be the economic rent number. CAM, taxes, insurance, management fees, capital items, exclusions, caps, and audit rights can change the actual bargain.

Leasing flow

1. Identify issue

Rent, use, access, expenses, repairs, default, assignment, buildout, surrender, or possession.

2. Read lease

Base rent, additional rent, notice, cure, remedies, audit rights, repair duties, and permitted use.

3. Build record

Ledgers, notices, reconciliations, invoices, emails, photos, inspection reports, and repair records.

4. Resolve or enforce

Amendment, credit, payment plan, repair protocol, audit, settlement, or possession agreement.

Purchase, sale, ALTA settlement statements, transfer taxes, and commissions.

Closing work often involves purchase agreements, inspection periods, title and survey, leases, rent rolls, tax prorations, transfer taxes, commissions, credits, escrows, lender requirements, municipal records, possession issues, and post-closing obligations.

ALTA

Settlement statement review

Purchase price, loan proceeds, credits, prorations, transfer taxes, title charges, recording fees, escrows, and payoffs.

Transfer taxes

State, county, and municipal stamps

Transfer taxes vary by location, exemptions, local rules, and who is contractually responsible.

Commissions

Brokerage and commission math

Commission structures may include percentages, splits, minimum fees, leasing commissions, sale commissions, or separate agreements.

ALTA settlement statement calculator
Disclaimer. This is a demonstrative worksheet only. It is not a closing statement, tax opinion, title-company calculation, lender calculation, or settlement instruction.
Transfer tax calculator
Disclaimer. This is a simplified worksheet. Actual transfer taxes depend on location, current rates, exemptions, declarations, local ordinance, and contract allocation.
Real estate commission calculator
Disclaimer. This is only an arithmetic worksheet. Actual commission rights depend on the listing agreement, buyer-broker agreement, commission agreement, procuring-cause issues, lease commission schedule, sale or lease closing conditions, tail period, exclusions, amendments, local practice, and any settlement or court ruling.

Property tax assessment appeals and tax-charge review.

Property tax issues can affect ownership costs, tenant pass-throughs, sale pricing, closing prorations, valuation disputes, and lease reconciliations. Assessment appeals may involve value, uniformity, exemptions, income evidence, vacancy, condition, and procedural deadlines.

Assessment

Value and uniformity

Market value evidence, assessment comparables, sales, appraisals, vacancy, condition, income, and capitalization issues.

Deadlines

Appeal timing

Local assessment appeal windows, Board of Review timing, evidence deadlines, and PTAB or further review strategy.

Lease pass-through

Tax charges to tenants

Review of tax charge definitions, tax protest rights, refunds, exclusions, proration, and reconciliation treatment.

Property Tax Appeal Impact Calculator

Estimate assessment appeal impact.

This calculator illustrates how a valuation reduction could affect a tax bill. It does not predict an appeal result or calculate an actual refund.

Actual tax impact depends on assessment, equalization, exemptions, rate, timing, appeal posture, certificates of error, refunds, and local procedure.

Property tax appeal checklist
  • PIN, assessment notice, tax bill, property record card, and appeal deadline.
  • Recent purchase documents, appraisal, broker opinion, rent roll, income, vacancy, and expense records.
  • Comparable sales, assessment comparables, photos, condition issues, and zoning limitations.
  • Exemption history, occupancy documents, lease tax pass-through provisions, and tenant reconciliation documents.

Title, survey, easements, access, covenants, and restrictions.

Title and survey issues can affect closing, financing, development, leasing, access, signage, parking, utilities, encroachments, restrictions, and whether the property can be used as intended.

Title

Commitments and exceptions

Schedule B exceptions, recorded documents, requirements, endorsements, releases, and objection strategy.

Survey

ALTA survey and physical issues

Boundaries, improvements, encroachments, easements, access, parking, utilities, setback issues, and survey notes.

Access

Easements and operating rights

Access, parking, signage, drainage, utilities, shared facilities, declarations, reciprocal easement agreements, and use restrictions.

Title and survey flow

1. Collect documents

Title commitment, exception documents, survey, legal description, plat, prior policy, and recorded instruments.

2. Match paper to property

Compare legal description, access, easements, improvements, encroachments, and restrictions against intended use.

3. Object or resolve

Title objection, survey revision, endorsement, release, escrow, indemnity, access agreement, or closing condition.

4. Decide deal impact

Insure over, amend documents, close with escrow, renegotiate, extend diligence, or terminate if allowed.

Title, survey, and easement checklist
  • Title commitment, pro forma, owner’s policy, loan policy, and exception documents.
  • ALTA survey, prior survey, plat, legal description, and tax parcel map.
  • Easements, declarations, restrictions, covenants, REAs, access agreements, and utility agreements.
  • Title objection letters, survey comments, title-company responses, and endorsement requests.
  • Closing deadline, objection deadline, cure deadline, and financing deadline.

Development, zoning, permitted use, permits, building code, and municipal records.

Development and property-use issues often involve zoning, special uses, variances, parking, signage, occupancy, building permits, inspections, fire safety, business licenses, municipal approvals, code violations, and whether the lease or purchase agreement actually matches what local law allows.

Use

Permitted use review

Lease use clause, zoning classification, special use requirements, parking, signage, occupancy, and municipal approvals.

Permits

Buildout and inspections

Tenant improvements, landlord work, permits, inspection comments, fire review, health review, and certificate or occupancy issues.

Municipal

Records and hearings

Permit history, zoning records, code violations, administrative hearings, municipal tickets, and local-government correspondence.

Development and use flow

1. Define use

Business type, buildout, occupancy, parking, signage, outdoor use, access, deliveries, and licensing needs.

2. Check authority

Lease, purchase agreement, zoning ordinance, title restrictions, easements, declarations, and municipal records.

3. Map approvals

Permit, special use, variation, site plan, health, fire, liquor, business license, sign permit, or occupancy approval.

4. Build path

Contingency, extension, revised plan, approval condition, municipal hearing strategy, or no-go decision.

Development and municipal checklist
  • Lease or purchase agreement, LOI, use clause, contingencies, and deadlines.
  • Zoning district, zoning map, permitted-use table, comprehensive plan materials, and staff correspondence.
  • Permit applications, building comments, inspection reports, certificates, violations, and stop-work notices.
  • Plans, site plan, floor plan, parking count, signage plan, loading plan, and operations plan.
  • FOIA responses, municipal records, hearing notices, meeting packets, minutes, and videos.

Property operation disputes, post-closing disputes, possession, repairs, and access.

Real estate disputes may involve commercial leases, repairs, expense charges, possession, title issues, post-closing obligations, easements, access, parking, water intrusion, code violations, tax charges, municipal enforcement, or business interruption.

Operation

Property operation disputes

Maintenance, common areas, access, parking, utilities, repairs, snow, landscaping, security, and shared facilities.

Post-closing

After-closing problems

Prorations, credits, undisclosed conditions, tenant issues, title matters, escrow claims, and repair obligations.

Enforcement

Notices, demands, and court

Default notices, cure demands, document preservation, settlement, injunctions, possession, collection, and defense.

Property dispute flow

1. Identify harm

Access, money, use, possession, repairs, taxes, expenses, title, municipal enforcement, or business interruption.

2. Find control document

Lease, deed, easement, declaration, purchase agreement, closing statement, title policy, or municipal order.

3. Build record

Notices, invoices, photos, correspondence, tax records, inspection reports, contractor records, and timeline.

4. Resolve or enforce

Credit, repair plan, access protocol, escrow claim, settlement, amendment, litigation, or dismissal.

You do not need to diagnose the real estate issue before reaching out.

A short timeline, the main document, the property address, and any deadline usually provide enough to start. The issue can be sorted into lease, closing, title, tax, development, or dispute strategy after the documents are reviewed.

Deadline

Is there a date?

Closing date, cure deadline, inspection deadline, tax appeal deadline, objection deadline, court date, or hearing date.

Documents

What document controls?

Lease, purchase agreement, title commitment, survey, ALTA, tax bill, notice, violation, or municipal record.

Business impact

What needs to happen?

Close, renegotiate, preserve rights, challenge a charge, get access, resolve title, appeal assessment, or settle a dispute.

Document Checklists

What helps at the beginning.

You do not need every document before reaching out. These lists show what is often useful.

Commercial Lease Matter

  • Lease and amendments
  • Notices, defaults, cure letters, and demand letters
  • Rent ledger and payment history
  • CAM and operating expense statements
  • Tax and insurance pass-through information
  • Emails, texts, photographs, and repair records
  • Any deadline to cure, respond, vacate, or exercise rights

Purchase or Sale Matter

  • Letter of intent
  • Purchase and sale agreement
  • ALTA settlement statement
  • Transfer tax declarations or estimates
  • Title commitment and exception documents
  • Survey and legal description
  • Lease, rent roll, estoppels, and tenant correspondence
  • Commission agreement or listing agreement

Property Tax or Municipal Matter

  • PIN and property address
  • Assessment notice and tax bill
  • Property record card
  • Appraisal, sale records, rent roll, income, vacancy, and expense records
  • Permit, zoning, or code records
  • Municipal notices, violations, or hearing dates
  • Any appeal, objection, hearing, or response deadline

Contact

Need help with a commercial real estate issue?

Contact Lamphere Legal with the property, document, deadline, and short general description of what happened. Please do not send confidential details or documents unless requested.

Call Lamphere Legal: (847) 634-2356

Attorney Advertising and Website Disclaimer

Attorney Advertising. The information on this website is for general informational purposes only and is not legal advice. Viewing this website, submitting a form, calling, or contacting Lamphere Legal does not create an attorney-client relationship.

No attorney-client relationship is formed unless and until Lamphere Legal agrees in writing to represent you. Please do not send confidential, privileged, sensitive, or highly detailed information unless requested.

Submission of an inquiry does not obligate Lamphere Legal to review, respond to, accept representation, or provide a referral. Prior results do not guarantee a similar outcome.

Calculators, worksheets, checklists, examples, and interactive tools on this page are demonstrative and educational only. They are not legal advice, tax advice, accounting advice, valuation advice, a prediction of outcome, a damages opinion, a settlement recommendation, or a substitute for legal counsel reviewing the actual documents, facts, ordinances, assessment records, title materials, leases, contracts, deadlines, and procedural posture.