Best Commercial Real Estate Lawyers in McAllen

About Commercial Real Estate Law in McAllen, United States

Commercial real estate law in McAllen, Texas governs the purchase, sale, leasing, development, financing, use and management of non-residential property in the city and surrounding Hidalgo County. That body of law is shaped by federal statutes, Texas state law and local McAllen ordinances. Important topics in commercial matters include contract law, title and recording, zoning and land use, permitting and building codes, environmental compliance, financing and lending issues, landlord-tenant matters under commercial lease principles, and property tax assessment and appeals.

Because McAllen sits in the Rio Grande Valley and is part of Hidalgo County, site-specific issues such as floodplain regulation, drainage, and proximity to international border infrastructure can also affect commercial projects. In Texas, an additional recurring factor is the existence and treatment of mineral rights, which can be severed from surface estate and create unique title issues for commercial buyers and developers.

Why You May Need a Lawyer

Commercial transactions and disputes often involve high dollar values, complex documentation and time-sensitive statutory requirements. A lawyer can protect your interests at every stage - from initial negotiation to closing, and from development through project operations. Common situations where people need legal help include:

- Acquisitions and dispositions - drafting, reviewing and negotiating purchase agreements, handling title and deed issues, coordinating closings and resolving problematic title exceptions.

- Leasing - preparing or negotiating commercial lease forms, advising on lease clauses such as rent escalation, common area maintenance charges, tenant improvements, subleasing and default remedies.

- Financing and lending - preparing loan documents, advising on lender protections, negotiating modification or workout agreements, and handling foreclosure or receivership issues.

- Zoning and land use - applying for rezoning, variances, conditional-use permits and dealing with municipal planning processes and neighborhood opposition.

- Development and construction - advising on construction contracts, performance and payment bonds, mechanics and materialman lien notices and enforcement, and disputes over defects or delays.

- Environmental concerns - conducting due diligence, negotiating indemnities and remediation agreements, and responding to regulatory enforcement under federal and state environmental laws.

- Title and easement disputes - resolving boundary issues, recorded easements, restrictive covenants and mineral rights conflicts.

- Tax and assessment disputes - contesting appraised values with the appraisal district or negotiating tax incentives and abatements with local government.

Local Laws Overview

Several layers of law apply to commercial real estate in McAllen - federal, state and local. Key local and regional aspects to be aware of include:

- City of McAllen zoning and land use - McAllen has a zoning code and planning process that controls permitted uses, density, setbacks and parking requirements. Commercial projects often require site plan approval, conditional use permits or rezoning petitions through the McAllen Planning Department and Planning and Zoning Commission.

- Permits and building codes - McAllen enforces building and safety codes through its Development Services Department. Commercial developments generally require building permits, inspections and a certificate of occupancy before operations begin.

- Floodplain and drainage - McAllen and Hidalgo County participate in the National Flood Insurance Program. Developers must consult FEMA flood maps and local drainage ordinances. Floodplain restrictions and required elevation or mitigation measures can materially affect project feasibility.

- Property taxation - Commercial properties are appraised by the Hidalgo County Appraisal District. Property owners may protest appraisals to the Appraisal Review Board. Local taxing entities - city, county, school districts and special districts - set tax rates that determine the property tax bill.

- Recording and liens - Deeds, mortgages, easements and liens are recorded with the Hidalgo County Clerk. Texas mechanics and materialman lien laws impose strict notice and filing timelines that contractors, owners and lenders must follow to preserve or challenge lien rights.

- Environmental and state regulations - While federal laws such as the Clean Water Act and EPA rules apply, Texas has state-level environmental agencies and specific programs. Contamination liabilities can travel with the property, so environmental due diligence and compliance are critical.

- Mineral rights - In Texas, surface ownership can be separate from subsurface mineral rights. Verify ownership and any severed minerals when acquiring commercial land, and address potential oil and gas operations in contracts.

Frequently Asked Questions

Do I need a lawyer to buy commercial property in McAllen?

Technically you can close without a lawyer, but it is highly advisable to have counsel experienced in commercial real estate. Lawyers help with contract negotiation, due diligence, title review, survey and easement issues, drafting closing documents, and ensuring compliance with local permit and zoning requirements. They also protect you against costly mistakes that may not be apparent at signing.

How does buying commercial property differ from buying residential property?

Commercial transactions are typically more complex. Contracts are more detailed, due diligence is broader - including environmental, survey and title work - and parties negotiate risk allocation more heavily. Commercial leases and financing terms are often bespoke. Unlike many residential transactions, commercial buyers commonly take properties "as is" and bear greater responsibility for investigating property condition and regulatory compliance.

What permits and approvals will I need in McAllen to develop or rezone commercial property?

Requirements vary by project. Common needs include rezoning or conditional-use permits for changes in land use, site plan approval, building permits, plumbing and electrical permits, stormwater and drainage approvals, and a certificate of occupancy. Projects near floodplains or certain regulated facilities may need additional approvals. Early engagement with McAllen Development Services and the Planning Department is recommended.

How do property taxes work and can I challenge my commercial property appraisal?

Hidalgo County Appraisal District appraises commercial properties annually. Taxes are assessed by the local taxing units that use the appraised value to calculate your tax bill. If you disagree with the appraisal, you can file a protest with the Appraisal Review Board - typically within specified deadlines. An attorney or tax consultant can help gather comparable evidence and represent you at hearings.

What is title insurance and do I need it?

Title insurance protects buyers and lenders against losses from defects in title that were unknown at closing - such as unreleased liens, forgeries, or errors in public records. For commercial purchases financed by a lender, lender title insurance is usually required. Owner title insurance is strongly recommended to protect your investment, particularly in markets with split mineral estates or complicated histories.

What should I watch for in a commercial lease?

Key lease issues include rent structure and increases, term and renewal options, responsibilities for repairs and maintenance, allocation of operating expenses and taxes, tenant improvement allowances, sublease and assignment rights, default and termination remedies, indemnities and insurance requirements. Seek legal review to negotiate balanced terms and clarify who bears which costs and risks.

How do I handle environmental due diligence?

Start with an environmental site assessment - typically a Phase I ESA - to identify recognized environmental conditions. If concerns arise, a Phase II assessment may involve sampling. Address contamination risks in purchase agreements through indemnities, price adjustments or seller remediation. Engage environmental counsel and qualified consultants to understand liability exposure and regulatory requirements.

What are Texas mechanics and materialman lien rules I should know?

Texas has specific lien notice and filing requirements for contractors, subcontractors and suppliers. The rules include preliminary notice deadlines, affidavit and filing timelines and strict procedures to perfect a lien against commercial property. Owners and lenders must understand these timelines to avoid surprise liens or to contest improperly perfected liens.

Can the city or government take my commercial property by eminent domain?

Yes. Government entities have the power of eminent domain to acquire private property for public use, subject to constitutional requirements for notice and just compensation. If you face a condemnation action, an attorney can help evaluate whether the taking is lawful, negotiate compensation or challenge the necessity of the taking.

Who handles recording and filing of deeds, liens and other documents in McAllen?

Recordation of deeds, mortgages, easements and most notices in McAllen and Hidalgo County is handled by the Hidalgo County Clerk. For matters involving entities - such as formation or filings - you may need to work with the Texas Secretary of State. Title companies and attorneys typically coordinate recording as part of a closing.

Additional Resources

Below are local and state bodies and organizations that are commonly useful to people dealing with commercial real estate in McAllen:

- City of McAllen - Planning Department and Development Services for zoning, permitting and site plan guidance.

- Hidalgo County Appraisal District - for property appraisals and information about protests and tax assessment procedures.

- Hidalgo County Clerk - for real property recordings and public records.

- Texas Secretary of State - for business entity registration and filings.

- Texas Real Estate Commission - for licensing and regulatory information about real estate brokers and salespersons.

- Texas Commission on Environmental Quality and U.S. Environmental Protection Agency - for environmental compliance questions and permitting at state and federal level.

- Federal Emergency Management Agency - for floodplain maps and National Flood Insurance Program participation information.

- Local chambers of commerce and economic development corporations - for market data, incentives and redevelopment zone information.

- Title companies and licensed surveyors - for title examination and boundary surveys that are essential to due diligence.

Next Steps

If you need legal assistance with commercial real estate in McAllen, follow these practical steps:

- Assemble project documents - gather the purchase contract, existing title policy, surveys, environmental reports, leases and any municipal correspondence.

- Consult a local commercial real estate attorney - look for lawyers with experience in McAllen and Hidalgo County, knowledge of Texas real estate and an understanding of local permitting and tax practices. Ask about experience with similar transactions and request references.

- Clarify scope and fees - discuss engagement terms, fee structure - hourly, flat-fee or transaction-based - and get an engagement letter that outlines tasks, timelines and estimated costs.

- Start due diligence early - authorize title searches, order an updated survey, complete environmental assessments and verify zoning and permit status to identify and address issues before closing.

- Coordinate professionals - your attorney will often coordinate with lenders, title companies, surveyors, environmental consultants and municipal officials to streamline the transaction and reduce surprises.

- Negotiate protections - use contractual protections such as contingencies, indemnities, escrows and escrow holdbacks to address known risks and to allocate responsibility for remediation, repairs or liens.

Final note - this guide is informational only and does not create an attorney-client relationship or constitute legal advice. For advice tailored to your situation, consult a qualified commercial real estate attorney licensed in Texas and familiar with McAllen local practice and regulations.