Key points
- Houston has no conventional zoning, but deed restrictions, city development ordinances and floodplain regulations can limit use as effectively as zoning.
- Your due diligence period is your leverage. Use it to find problems while you can still walk away or renegotiate.
- The right ownership structure, such as an LLC, series LLC or partnership, protects other assets and simplifies future exits.
- Most commercial contracts aren’t on TREC forms, so every term is negotiable, and every omission is a risk.
Our commercial real estate services
- Acquisitions and dispositions of office, retail, industrial, flex, multifamily and land;
- Letters of intent and purchase agreements (see purchase and sale contracts);
- Due diligence management, including title, survey, environmental, leases, estoppels and service contracts;
- Entity formation and structuring for holding property, including series LLCs (see our article on purchasing real property under a series LLC);
- Owner financing, seller carry-back notes and wraparound transactions;
- Commercial leasing for landlords and tenants (see commercial leases);
- Development support, including easements, access, utility and platting issues, and restrictive covenants; and
- Disputes over contracts, title, leases, partnerships and construction.
Due diligence in Houston: what we look at
| Diligence item | What we’re looking for |
|---|---|
| Title commitment and exception documents | Liens, easements, restrictions, mineral reservations, access, and Schedule C requirements that must be satisfied to close. |
| Survey (often ALTA/NSPS) | Encroachments, easement locations, access, flood zone designation, and matches to the legal description. |
| Deed restrictions and covenants | Use restrictions, setbacks, building lines and architectural controls. In Houston, the City may enforce certain deed restrictions. |
| City of Houston regulations | Chapter 42 development and platting rules, parking, and permitting for the intended use. |
| Floodplain | FEMA flood zone, local floodplain regulations, elevation and detention requirements, and flood history. |
| Environmental | Phase I Environmental Site Assessment, and Phase II where indicated. |
| Leases and income | Rent rolls, lease terms, estoppel certificates, SNDAs, security deposits and CAM reconciliations. |
| Property condition and service contracts | Roof, structure, MEP, deferred maintenance, and contracts that will survive closing. |
Under contract and the clock is running?
We can step in mid-diligence to review title, survey and leases before your feasibility period expires. Book a discovery call or call (346) 363-0334.
Structuring the acquisition
How you take title matters as much as what you buy. We coordinate with your CPA to choose the right entity and ownership structure, draft company agreements that address capital calls, management, transfer restrictions and exit, and plan for financing covenants and future 1031 exchanges. Mistakes here tend to surface years later, during a sale, a refinance or a dispute between owners.
When commercial deals turn into disputes
Our litigation practice handles the commercial disputes that follow: buyers or sellers who refuse to close (specific performance), earnest money fights, misrepresentation claims, landlord-tenant disputes, investor and partnership disputes, and construction and lien claims. That experience shapes every contract we draft.
Who we work with
We represent individual investors, family offices, closely held businesses buying their own facilities, small and mid-size developers, and landlords with portfolios across Greater Houston. You’ll work directly with an experienced attorney who understands both the deal and the dispute.