Vancouver Mandarin Chinese Commercial Real Estate Lawyer

Vancouver Mandarin Chinese Commercial Real Estate Lawyer

Vancouver Mandarin Chinese Commercial Real Estate Lawyer Featured Image

If you are a Chinese investor who is trying to own, develop, buy, and sell commercial real estate in Vancouver, then you are already entangled within a complex web of legal issues. You must navigate a contracts, regulations, and protective laws, as well as liability concerns. You will constantly be engaged in legal negotiations. 

Why not do it in your first language? The lawyers at our law firm speak both fluent English and fluent Chinese. This ensures that no language barrier will ever undermine your interests. 

Commercial Real Estate 

Our law firm covers a wide variety of commercial real estate matters. 

  • Drafting and negotiating commercial lease agreements.
  • Representation on commercial lease property damage claims.
  • Representation on failure-to-pay rent claims. 
  • Land use issues.
  • Drafting and negotiating letters of intent.
  • Drafting and negotiating buy/sell agreements.
  • Secured loan transactions.
  • Joint ventures and limited partnerships.
  • Construction law.
  • Boundary disputes. 
  • Partitions and co-ownership disputes.
  • Due diligence.

We can help you navigate any issue that arises during most commercial real estate transactions.

Real Estate Acquisitions & Divestitures for Chinese Investors

Acquisitions and divestitures are both complex legal matters. Regulations, zoning requirements, financing methods, and the terms of the deal itself all require specialized legal help.

If you are making an acquisition, we can help you negotiate the rights that the buyer is offering to attach to the sale. Rights such as water rights or mineral rights are extremely valuable, and may even be necessary for you to use the property for its intended purpose. If these rights are not included in the seller’s offer we investigate why, and work to secure those rights. 

Our team is known for being a group of savvy negotiators who can help you get the best deal while protecting you from lawsuits that can arise after a transaction is complete. We can help you complete due diligence on property you intend to buy and can help you properly manage disclosure on property you intend to sell. We can help you set terms with all stakeholders and create an advantageous purchase deal.

Real Estate Land Development for Chinese Investors

Chinese immigrants have made incredible positive contributions to the Vancouver 

community, in part through the process of commercial real estate development. Yet the laws that would allow you to build on your new lot are extremely complex. 

Every individual who wants to develop property in Vancouver or anywhere else in British Columbia should follow a clear-cut plan offered by an experienced real estate lawyer. 

You also want a lawyer who will pay attention to issues of international law which could impact your development plans. We are accustomed to accounting for cross-border issues and can help you structure your land development activities in a way that reduces liability and risk. 

The British Columbia Financial Services Authority (BCFSA) offers robust resources for real estate developers. You’ll find them here. These resources alone will not help you navigate the legal process successfully, but they do offer a tip-of-the-iceberg view vis a vis how difficult it can be to remain in compliance in the law without the help of an expert real estate lawyer who can guide you through the process.

FAQs

What is Included in Due Diligence on a Commercial Real Estate Transaction?

Due diligence includes researching titles and surveys to make sure there are no issues which could call your ownership of the property into question. It also includes researching existing contracts, leases, and agreements which bind the property and which might transfer to the new owner. 

We look into other problems that could impact the new owner as well, such as whether or not the property has been in compliance with use and zoning laws, and whether there are environmental or engineering matters which could require expensive remedies on the part of the buyer.

We can then advise you on whether or not the property is a good acquisition for you and your company.

What are Representations and Warranties?

Representations and warranties formalize what the seller of the property is claiming to be true of the property. If the facts represented in the representations and warranties prove to be false these declarations can form the basis for a lawsuit.

These can include disclosures about the condition of the property, disclosures about existing leases and agreements, disclosures about environmental or engineering matters which could impact the use and enjoyment of the property, disclosure of contracts binding the property, and disclosure of litigations, liens, and judgements which could impact the new owner. 

What are Contingencies?

A contingency outlines conditions that must be met before the sale will go forward. For example, a buyer will usually put down an earnest deposit on the sale before being allowed to inspect the property. The contingency would be that the sale would go forward pending a satisfactory inspection. If the inspection is not satisfactory the buyer can withdraw from the deal without losing their property.

There are numerous contingencies that should be included in most deals. The sale should be contingent on whether or not the buyer can secure financing. It should be contingent on a clear title and a satisfactory survey. It should be contingent on whether a review of the leases matches up to the seller’s warranties. It should be contingent on land-use approvals and satisfactory environmental conditions.

These contingencies protect the buyer and ensure that they have “safety points” to pull out of the deal if, during the due diligence process, they come across information that impacts whether or not it is in their best interests to continue moving forward with the purchase. 

Why is It Important to Obtain a Survey Before Purchasing Commercial Real Estate?

The survey offers a great deal of information about the property. It doesn’t just tell you how big the property is. It tells you about access to roads and utilities. It tells you whether there are boundary issues or easements which could prevent you from using the property as you intend.

It is therefore an important part of the due diligence process. Without one, most developers stand to lose a great deal of money on any real estate deal.

What Environmental Conditions Do Commercial Real Estate Lawyers Search for During the Purchase and Sale Process?

We look at all site assessments on file to determine if hazardous materials or wastes are present on the property. Either buildings or land may be contaminated. 

Without this investigation you may be required to provide and pay for environmental remediation and clean-up. Common contaminants include heavy metals, industrial pollutants, methane gas, and asbestos. Note that it can take decades for the effects of exposure to show up in human or animal populations. 

The presence of certain toxins may also make it legally impossible for you to use the property for the purposes you intend. It can also expose you to pollution torts, which would require you to pay damages to parties who become injured or are rendered ill by the presence of toxic substances on the property. 

As a seller, it is important to be sure that you are disclosing all known environmental issues. If it is found that the seller either committed fraud, made a substantial misrepresentation in error that was innocent yet material, or if the seller was in some way negligent in the process then the courts may pass the liability, and thus responsibility for damages and clean-up, back to the party that sold the property.

At times, municipalities or the provincial government are held liable for negligent assessments as well. As your real estate lawyers we can help you hold them accountable. 

Are There Special Requirements for Land Developers? 

Yes. British Columbia’s Real Estate Development Marketing Act requires developers to prepare a disclosure statement with the Superintendent of Real Estate. The proper filing of disclosures is complex, and is one of the services we offer.

The office is located at 600-750 West Pender Street in Vancouver, B.C., V6C 2T8. You can reach them by telephone at (604) 660-3555 or toll-free at (866) 206-3030. You may email them at advisor@bcfsa.ca

Why Us? 

We are experienced real estate lawyers with a long history of providing our clients with the kind of tough negotiation that it takes to successfully close deals. In addition, our long history of success with real estate litigation makes us alert to potential liability issues, allowing us to help you avoid them wherever possible.

As top-notch litigators, we are also prepared to press your case of court if you are accused of wrongdoing, or if you sustain damages due to a seller’s negligence or misrepresentation. You can count on us to defend your interests wherever we are required to. 

You can also count on us to have an understanding of your culture and of the international laws which might govern your case. This helps you avoid major issues that could prove disastrous to your business.

Chinese Lawyer Vancouver serves clients in Vancouver, Abbotsford, Langley, Surrey, and White Rock. Call to set up an appointment today.

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Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Chinese Lawyer Vancouver for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.