Your Building. Your Terms. Your Closing Date.

I've spent 35 years helping Long Island business owners and property investors sell commercial real estate without last-minute surprises, price reductions, or deals that fall apart at the table. If you've owned this building for decades and you're ready to move on, the contract of sale is where your leverage lives — and how it's drafted determines whether the handshake price survives the lawyers.

What a Commercial Sale Attorney Actually Does on the Seller's Side

Most sellers focus on finding a buyer. I focus on what happens after you find one. On the seller's side, my role begins the moment a deal is in sight and runs through the day funds are wired. That means drafting or reviewing the contract of sale, negotiating representations and warranties, coordinating title and violation searches, managing the due diligence period, and shepherding the transaction to a clean close. Commercial transactions carry more moving parts than residential closings — existing leases, environmental history, certificate of occupancy status, open building violations — and every one of them becomes a negotiating point if it surfaces during the buyer's due diligence. My job is to make sure nothing surfaces that we haven't already addressed.

Find the Skeletons Before the Buyer's Lawyer Does

If you've owned a commercial property for 20 or 30 years, there's a reasonable chance something is buried in the record. An old building violation that was never formally closed. A certificate of occupancy that doesn't reflect a renovation done years ago. A lien that should have been satisfied but wasn't. These are not deal-killers when you find them early. They become deal-killers — or price-reduction leverage for the buyer — when they surface during the buyer's title search.

 

Before the contract of sale is signed, I run pre-contract violation and title searches on the property. This gives us a clear picture of what exists, what needs to be cured, and what can be addressed cheaply now versus expensively under buyer pressure later. Sellers who skip this step hand the buyer's attorney a negotiating weapon. Sellers who do it first control the narrative.

Drafting a Contract That Holds the Price Together

A signed term sheet or letter of intent is not a contract. The contract of sale is where the deal is actually made — and in commercial transactions, the buyer's attorney will use the negotiation period to walk back every assumption that wasn't locked in writing. Deposit sizing, inspection rights, due diligence deadlines, representations about the property's condition, and closing-date flexibility are all negotiated in the contract, not after it.

 

I draft seller-side contracts with deal-certainty as the priority:

 

  • Deposit structures that create real buyer commitment and protect you if they walk
  • As-is frameworks and limited representation language that cap your exposure after closing
  • Defined due diligence periods with hard deadlines that prevent open-ended delays
  • Closing-date provisions that give you control over timing, not the buyer's lender
  • Clear assignment and financing contingency terms so you're not held hostage to a buyer's loan process

 

The goal is a contract that reflects what you agreed to at the handshake — and doesn't erode under the weight of the lawyers.

Lease and Tenant Disclosures in Commercial Sales

If your property has tenants — whether long-term commercial leases, month-to-month occupants, or a mix — the sale requires careful handling of lease assignments, estoppel certificates, and disclosure obligations. Buyers of income-producing property will scrutinize every lease, rent roll, and renewal option. Gaps or inconsistencies between what's in the leases and what's been represented in the listing become negotiating leverage.

 

I review existing leases before the contract is signed, identify disclosure obligations, and ensure that estoppel certificates are properly prepared and delivered on schedule. If a lease has unusual terms, early termination rights, or tenant improvement obligations that could affect the buyer's valuation, we address those in the contract — not as a surprise during due diligence.

Transfer Taxes, Closing Costs, and What You'll Net

New York imposes transfer taxes on commercial property sales at both the state and city level, and the amounts are not trivial. The New York State real property transfer tax applies to all commercial sales. For transactions over $2 million in New York City, the mansion tax and the supplemental NYC transfer tax layer on additional costs. On Long Island commercial sales, the state transfer tax and any applicable mortgage recording tax on the buyer's financing are the primary items to plan around.

 

I provide sellers with a clear closing cost breakdown before the contract is signed so you know what you'll net — not after the fact. Understanding your transfer tax exposure, attorney fees, broker commissions, and outstanding lien payoffs in advance allows you to structure the deal and your post-closing plans with accurate numbers.

1031 Exchange Coordination for Long Island Commercial Sellers

If you're selling a commercial property and intend to reinvest the proceeds into replacement property, a 1031 exchange can defer federal capital gains tax on the sale. The timing requirements are strict: you have 45 days from the closing date to identify replacement property and 180 days to close on it. Missing either deadline disqualifies the exchange.

 

I work with your tax advisor and qualified intermediary to structure the closing timeline around your exchange deadlines. I don't provide tax advice — that's your accountant's role — but I coordinate the legal side of the transaction so the closing date, contract terms, and fund-transfer mechanics align with what your tax team requires. If a 1031 exchange is part of your plan, it needs to be built into the contract of sale from the start, not retrofitted at the end.

Serving Nassau County Commercial Sellers Across the Island

I represent commercial sellers throughout Nassau County, including Garden City, Great Neck, Lake Success, Lynbrook, and the surrounding communities. I also handle commercial sale transactions in Suffolk County and New York City. Whether you're selling a mixed-use building, a retail strip, an office property, or an industrial or warehouse space, I've handled transactions across the commercial property spectrum on Long Island for more than three decades.

 

My office is in Great Neck, and I appear regularly in Nassau County courts and before local municipal agencies — which is relevant when a violation needs to be cured or a certificate of occupancy issue needs to be resolved quickly to keep a closing on track.

Questions About Selling Commercial Property in New York

  • What does a lawyer do when selling commercial property in New York?

    On the seller's side, a commercial real estate attorney drafts or reviews the contract of sale, negotiates representations and warranties, coordinates pre-contract title and violation searches, manages the due diligence period, handles lease and tenant disclosure requirements, and oversees the closing. The attorney's primary job is to protect the seller's price, limit post-closing liability, and ensure the transaction closes on schedule.

  • How do I avoid open violations killing my commercial sale?

    The best approach is a pre-contract violation search before you sign anything. If violations exist, you have options — cure them, negotiate a credit, or disclose and price accordingly. When violations surface during the buyer's due diligence instead, you lose control of the conversation. Finding them first means you decide how to handle them.

  • Can I sell my commercial building as-is in New York?

    Yes. As-is sales are common in commercial transactions, and the contract of sale can be drafted to limit your representations about the property's condition. This doesn't eliminate all disclosure obligations, but it does cap your exposure and puts the buyer on notice that they are accepting the property in its current state. The as-is framework needs to be negotiated into the contract from the start — it's much harder to insert after the fact.

  • What is a 1031 exchange and do I need my attorney involved?

    A 1031 exchange allows you to defer capital gains tax on the sale of investment property by reinvesting the proceeds into a like-kind replacement property within strict IRS deadlines. Your tax advisor and a qualified intermediary manage the exchange itself. My role is to ensure the contract of sale and closing mechanics align with your exchange timeline — because if the closing date or fund transfer doesn't coordinate with your intermediary's requirements, the exchange can be disqualified.

  • How long does a commercial real estate closing take in New York?

    Most commercial closings on Long Island take 60 to 120 days from signed contract to closing, depending on the complexity of the transaction, the buyer's financing, due diligence scope, and whether any title or violation issues need to be resolved. Transactions involving leased properties, environmental review, or municipal approvals can run longer. I set realistic timelines at the contract stage and build in closing-date protections so delays on the buyer's end don't leave you in open-ended limbo.

Ready to Sell? Start with a Conversation.

If you're planning a commercial sale in Nassau County, Suffolk County, or New York City, the earlier we talk, the better positioned you'll be. Pre-contract preparation — violation searches, lease review, contract strategy — is where sellers gain the most leverage. Call my office or request a closing quote below and I'll walk you through what to expect.

Attorney advertising. Prior results do not guarantee a similar outcome. This page is for informational purposes only and does not constitute legal advice. Tax information referenced on this page is general in nature — consult a qualified tax advisor regarding your specific situation.