Financing: Involve an Experienced Lawyer at this Crucial Step
The terms and conditions an investor negotiates in order to finance the acquisition or development of real estate are just as critical to get correct as is the purchase contract.
Too frequently, an investor will negotiate and execute the commitment for the loan prior to bringing an attorney on board. Although an investor may feel that the negotiation of the loan commitment is exclusively of a business nature, this is not the case.
Involve Lerman Law Partners from the Beginning
It is best to involve an attorney from the very inception of the transaction in order to maximize protection and effective loan negotiation. This point cannot be overemphasized.
The loan often establishes most of the important terms. Once finalized, rights and obligations have been substantially fixed and the options an attorney has to act on his client's behalf are severely limited.
Rights that are of paramount importance to an investor may be completely omitted from the loan if competent counsel is not involved. Enter into a loan negotiation with a lawyer accomplished in real estate investor law — one who knows potential pitfalls and can help set a course for the entire deal to flow smoothly.
"A real estate investor himself, Lerman said he knows his clients. 'I relate to my clients. I'm right there in the trenches with them. I know where they live in terms of emotions.'" — Marin Independent Journal interview with attorney Jeffrey H. Lerman
Key issues in loan negotiations that a real estate investor attorney can help with include:
- Total loan amount
- Interest rate
- Maturity date
- Personal liability
- Due-on-sale clauses
- Prepayment privileges
- Loan fees
- Standby fees
- Insurance and impound requirements