Best Commercial Real Estate Lawyers in Nebraska

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Fitzgerald Schorr PC
Omaha, United States

Founded in 1888
14 people in their team
English
Our HistoryFitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. is proud of its rich history of dedication to clients through its consistent, high quality service and prompt attentiveness to their needs. Commencing with the establishment by Francis A. Brogan of his law practice in the summer...
Fraser Stryker PC LLO
Omaha, United States

Founded in 1898
110 people in their team
English
Nebraska AttorneysThe attorneys at Fraser Stryker PC LLO provide full-service representation to businesses and individuals that face a variety of legal issues. Through a highly customized approach, we offer practical solutions to achieve specific client goals. We have helped clients address their...
Abrahams Kaslow & Cassman LLP
Omaha, United States

Founded in 1944
44 people in their team
English
The law firm of Abrahams Kaslow & Cassman LLP began in 1944 when Milton R. Abrahams and Ben E. Kaslow combined their legal practices. Both were graduates of Creighton University’s School of Law. In 1949, Frederick S. Cassman, a graduate of Harvard Law School, joined the firm. The practice...
Erickson | Sederstrom ES Law
Omaha, United States

Founded in 1968
50 people in their team
English
Welcome To Erickson | SederstromErickson | Sederstrom is a full service law firm. Our attorneys offer a wealth of legal experience to our clients throughout the Midwest, including in Nebraska, Iowa, Kansas, Missouri, and South Dakota, and throughout the country.Our experienced attorneys look...
Gordon Rees Scully Mansukhani, LLP.
Lincoln, United States

Founded in 1974
1,688 people in their team
English
As the only law firm with offices and attorneys in all 50 states, we deliver maximum value to our clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 1,000 lawyers nationwide, we provide comprehensive litigation and...
Stinson LLP
Omaha, United States

Founded in 2002
985 people in their team
English
Complex legal challenges are best approached with sharp insight and creative solutions. At Stinson, our attorneys combine industry knowledge and business acumen to deliver practical legal guidance to clients ranging from individuals to privately-held enterprises to international corporations. We...

Founded in 1857
105 people in their team
English
Our law practice began in 1857 in the Nebraska Territory.  Since that time, we have been privileged to serve many of the Midwest's leading citizens and institutions.  We understand that changing times bring new challenges.  We take pride in helping our clients find...
Koley Jessen
Omaha, United States

Founded in 1988
170 people in their team
English
Koley Jessen was founded in 1988 when Jim Koley, Paul Jessen, and four additional partners set out to establish a firm focused on being a great place to work and providing over-the-top client service. The guiding principles of the firm’s culture: integrity, mutual respect, and client service,...
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About Commercial Real Estate Law in Nebraska, United States

Commercial real estate law in Nebraska governs the buying, selling, leasing, financing, and development of properties used for business purposes rather than residential living. These properties can include office buildings, retail spaces, warehouses, industrial facilities, and more. Nebraska’s commercial real estate sector is shaped by both federal regulations and state-specific statutes, with legal requirements impacting contract formation, property rights, land use, environmental compliance, and property taxes. Navigating these rules is essential for anyone involved in commercial property transactions or development within the state.

Why You May Need a Lawyer

Engaging in a commercial real estate transaction in Nebraska often involves significant financial stakes and complex legal documentation. Some of the most common situations where legal assistance is crucial include:

  • Negotiating and drafting purchase or lease agreements
  • Due diligence, such as title searches and property inspections
  • Resolving zoning, land use, or environmental issues affecting your property
  • Handling disputes between buyers, sellers, landlords, tenants, or neighbors
  • Addressing financing, including mortgage structuring or foreclosure avoidance
  • Complying with state and local licensing, permitting, or building code standards
  • Dealing with eminent domain or government taking of property
  • Facilitating property development or construction projects, including addressing contractor or subcontractor disputes
  • Protecting your interests in case of fraud or misrepresentation

Hiring a lawyer can help protect your rights, minimize risks, and ensure compliance with all applicable laws throughout the commercial real estate process.

Local Laws Overview

Nebraska commercial real estate is governed by a combination of state statutes, local ordinances, and zoning regulations. Some key points to be aware of include:

  • Property Laws: Nebraska uses a “race-notice” recording statute, which means property rights are generally prioritized by whoever records their deed first and does not have notice of prior claims.
  • Zoning and Land Use: Counties and cities in Nebraska have their own zoning codes dictating how land can be used, including restrictions on commercial property types and allowable business activities.
  • Disclosure Requirements: While Nebraska law places more disclosure obligations on sellers in residential transactions, commercial sellers and buyers are expected to conduct their own due diligence. Still, courts may hold parties liable for fraud or misrepresentation.
  • Leasing: Commercial leasing in Nebraska is not subject to the same protections as residential leases, meaning contract terms are more flexible but also more critical to negotiate.
  • Environmental Regulations: State and federal laws may require environmental assessments and remediation before property sales, leases, or development.
  • Taxation: Commercial property owners are subject to property taxes, and Nebraska allows appeals of tax assessments under certain circumstances.

Given this framework, working with professionals familiar with Nebraska’s legal environment is important to ensure compliance and avoid costly mistakes.

Frequently Asked Questions

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

Commercial real estate includes office buildings, retail stores, shopping centers, warehouses, industrial parks, hotels, and multi-family apartment buildings (typically those with five or more units).

How is commercial real estate different from residential real estate in Nebraska?

Commercial real estate is used for business purposes, while residential real estate is for private living. Different laws apply regarding contracts, disclosures, and tenant protection, with commercial agreements generally offering fewer statutory protections.

Do I need to use a specific contract for buying or selling commercial property?

There is no mandatory statewide contract for commercial property deals in Nebraska. However, it is strongly recommended to use or adapt a robust contract created or reviewed by a qualified attorney to address all terms and protect your interests.

What is a title search, and is it necessary?

A title search examines public records to confirm legal ownership and uncover liens or claims on the property. It is a critical part of the due diligence process and almost always required before purchasing or financing commercial property.

How do zoning laws affect my commercial property?

Local zoning codes dictate how you can use a property, what can be built, and the types of businesses allowed. Failure to comply can result in fines, closure orders, or loss of investment, so always verify zoning classification before any purchase or development.

What should I know about environmental assessments?

Certain properties or projects may require an environmental site assessment, especially if there are concerns about contamination or hazardous materials. These assessments help protect buyers and lenders from future liability.

Can a landlord remove a commercial tenant for nonpayment?

Yes, but commercial evictions must follow Nebraska’s legal process, which typically includes notice to the tenant and an opportunity to cure, followed by court proceedings if unresolved.

What taxes apply to commercial real estate in Nebraska?

Commercial property owners are subject to local property taxes based on assessed value. There may also be transfer taxes upon sale and income tax implications for rental or sales revenue.

Are commercial leases standard or can they be customized?

While some standard templates exist, most commercial leases are heavily negotiated and tailored to the needs of the parties, covering issues like rent, terms, maintenance, insurance, and permissible uses.

What happens during a commercial real estate closing?

The closing involves the final exchange of funds and documents. It typically includes transferring the deed, delivering title insurance, obtaining lender approvals, and recording the transaction with the county recorder’s office.

Additional Resources

  • Nebraska Real Estate Commission - Licensing and regulatory information for real estate professionals
  • Nebraska Department of Revenue - Information on property tax and assessment
  • Nebraska Legal Aid and Nebraska State Bar Association - For referrals to qualified commercial real estate attorneys
  • Local county assessor offices - Property records, tax assessment, and zoning information
  • City and county planning departments - Zoning, land use, and permitting resources
  • United States Environmental Protection Agency Region 7 - Environmental regulations and site assessment guidelines

Next Steps

If you are considering a commercial real estate transaction or facing a legal issue related to commercial property in Nebraska, take the following steps:

  • Clearly identify your goals and gather all relevant documents, such as deeds, contracts, and correspondence
  • Consult with an experienced Nebraska commercial real estate lawyer to review your options and outline a strategy
  • Contact local authorities or agencies for specific information on zoning, permits, or assessments related to your property
  • Take advantage of resources offered by local real estate and legal organizations
  • Act promptly, especially if faced with deadlines for purchase agreements, leasing opportunities, or resolving disputes

Working with a qualified attorney and trusted local professionals can help ensure a smooth and successful transaction or resolution of your commercial real estate matter in Nebraska.

Lawzana helps you find the best lawyers and law firms in Nebraska through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Real Estate, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Nebraska, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.