Best Commercial Real Estate Lawyers in Burlingame

About Commercial Real Estate Law in Burlingame, United States

Commercial real estate law in Burlingame, California, encompasses the legal rules, regulations, and requirements concerning properties used for business purposes. This includes office buildings, retail spaces, warehouses, industrial properties, and multifamily rental buildings. Burlingame, located in San Mateo County and near the San Francisco Bay, experiences robust economic activity and a competitive property market. As a result, commercial real estate transactions often involve complex leases, zoning restrictions, financing arrangements, and environmental considerations. Understanding the local legal landscape is essential for securing favorable deals, complying with regulations, and avoiding costly disputes.

Why You May Need a Lawyer

Engaging in commercial real estate transactions can be daunting due to the financial stakes and regulatory environment. There are several common scenarios where professional legal guidance is crucial:

• Drafting or negotiating commercial leases to protect your rights and avoid unfavorable terms
• Facilitating the purchase or sale of commercial properties, including due diligence and contract review
• Resolving disputes between landlords and tenants, such as eviction proceedings or breach of contract claims
• Advising on zoning and land use compliance for construction, renovation, or change of property use
• Handling property financing arrangements, including mortgages and liens
• Navigating environmental regulations, such as contamination disclosures and remediation responsibilities
• Assisting with property development projects and interfacing with local government agencies

Because mistakes in commercial real estate can lead to significant financial liabilities, legal counsel can provide vital protection and peace of mind throughout any transaction or dispute.

Local Laws Overview

Commercial real estate in Burlingame is governed by a blend of federal, state, county, and city laws, regulations, and ordinances. Key legal aspects relevant in the area include:

• Zoning and Land Use: The City of Burlingame’s Planning Division enforces zoning laws determining permissible property uses, height limits, setback requirements, and parking standards. Non-compliance can delay projects or lead to penalties.
• Transfer Taxes: The City of Burlingame and San Mateo County both levy transfer taxes on the sale of commercial properties, impacting the cost of transactions.
• Tenant Protections: Some local laws supplement state commercial tenancy rules, especially regarding evictions, rent increases, and property maintenance standards.
• Environmental Compliance: California imposes strict environmental requirements, including real estate environmental site assessments and remediation duties for properties with contamination issues.
• Permitting: Renovation or development of commercial properties requires city permits relating to construction, business licensing, signage, and fire safety, with strict inspection standards and approval processes.
• ADA Compliance: Commercial properties must comply with the federal Americans with Disabilities Act and California’s own access regulations, which dictate building accessibility for customers and employees.

As legal requirements can evolve, working with a lawyer who is experienced in Burlingame’s regulatory environment is valuable for compliance and successful transactions.

Frequently Asked Questions

What types of properties are considered commercial real estate in Burlingame?

Commercial real estate includes properties intended for business activity, such as office buildings, retail storefronts, shopping centers, warehouses, industrial sites, and multi-unit apartment buildings (typically with five or more units).

What are common pitfalls when signing a commercial lease?

Pitfalls include unclear rent escalation clauses, ambiguous maintenance responsibilities, lack of clarity on permitted uses, insufficient exit clauses, and inadequate review of compliance with local regulations. Legal review helps identify and negotiate better terms.

Do I need a lawyer to buy or sell commercial property in Burlingame?

While not required by law, having a lawyer is highly recommended. Commercial transactions often involve complex due diligence, title reviews, contract negotiations, and regulatory compliance that benefit from legal expertise.

What should I know about zoning laws in Burlingame?

Zoning laws determine what activities and businesses are allowed on a property. Before buying or leasing, verify that your intended use aligns with the property’s zoning category. Zoning variances or permits may be required for non-conforming uses.

What environmental concerns could affect my commercial property?

Potential issues include soil or groundwater contamination, hazardous material storage, and required disclosures under California law. Environmental site assessments may be necessary, especially for properties with industrial histories.

How do I resolve a dispute with a commercial landlord or tenant?

Disputes can often be resolved through negotiation, mediation, or arbitration. If these do not work, litigation may be necessary. Legal advice can help you understand your rights and pursue effective solutions.

What is involved in due diligence for a commercial real estate transaction?

Due diligence may include reviewing title and zoning status, verifying lease agreements and tenant information, environmental assessments, structural inspections, and confirming the property’s compliance with all applicable laws.

Are there special taxes when buying or selling commercial property in Burlingame?

Yes, expect to pay city and county transfer taxes when property ownership changes. Consult an attorney or tax advisor to understand all applicable charges and potential tax implications of your transaction.

What permits are required for developing or renovating commercial real estate?

Development typically requires planning, building, and sometimes environmental permits from the City of Burlingame. Consult with the city’s Planning Division and Building Division to determine your project’s requirements.

How can I ensure ADA compliance for my commercial building?

Work with a qualified architect and attorney familiar with federal and California access laws. Common requirements include accessible entrances, restrooms, and parking. Non-compliance can result in fines and lawsuits.

Additional Resources

For further information and assistance on commercial real estate issues in Burlingame, consider the following resources:

• City of Burlingame Planning Division - For zoning and land use information
• City of Burlingame Building Division - For permits and building codes
• San Mateo County Assessor-Recorder - For property records and transfer tax details
• California Department of Real Estate - Guidance on statewide commercial real estate requirements
• California Secretary of State - Information on business entities and registrations
• California Environmental Protection Agency - Environmental compliance regulations
• State Bar of California - Find qualified real estate attorneys

Next Steps

If you require legal advice or representation in a commercial real estate matter in Burlingame, take the following steps:

• Gather all relevant property documents, including leases, purchase agreements, correspondence, and disclosures
• Make a detailed list of your questions and concerns
• Consult with a qualified local attorney experienced in commercial real estate. Look for professionals with knowledge of Burlingame’s specific laws and regulations
• Schedule a consultation to review your situation and receive advice on your rights, obligations, and best strategies
• Follow your attorney’s guidance on negotiations, compliance, and dispute resolution to protect your interests throughout the process

Being proactive and informed can help ensure successful outcomes in commercial real estate transactions or disputes. Legal counsel can provide clarity and reduce risks in this high-stakes area.