Don’t Buy Commercial Property in Delray Beach Without Checking These Legal Boxes
Investing in commercial real estate in Delray Beach can be lucrative, whether you’re acquiring retail space on Atlantic Avenue, purchasing an office building near I-95, or developing a mixed-use project in downtown. But before you sign on the dotted line, thorough legal due diligence is essential to protect your investment and avoid surprises down the road.
At Wallace Law, PLLC, we guide investors, business owners, and developers through every stage of the commercial property acquisition process in Palm Beach County, ensuring you close with clarity and confidence.
Why Due Diligence Matters in Delray Beach Commercial Deals
Delray Beach is known for its vibrant mix of historic districts, luxury developments, and growing retail corridors—but that local flavor comes with unique zoning laws, permitting rules, and title challenges. If you skip legal due diligence or rely solely on a broker or title company, you risk:
- Buying property with unresolved liens or easements
- Inheriting zoning or code violations
- Losing earnest money over missed inspection deadlines
- Facing costly post-closing litigation or redevelopment delays
✅ Your Delray Beach Commercial Real Estate Due Diligence Checklist
Here’s what should be reviewed before closing on commercial property in Delray Beach:
1. Title Search & Survey Review
- Conduct a full title search to identify any liens, encumbrances, easements, or boundary disputes.
- Order a commercial ALTA/NSPS survey and confirm it aligns with title insurance and physical conditions.
- Review any shared parking agreements, utility easements, or cross-access arrangements, which are common in retail plazas and mixed-use developments in the area.
2. Zoning & Land Use Verification
- Confirm that your intended use (e.g., restaurant, warehouse, medical office) complies with City of Delray Beach zoning codes.
- Check for conditional use permits, special exceptions, or variances that may be needed.
- Review local redevelopment plans if the property is within the Downtown Development Authority (DDA) district.
3. Environmental Assessments (Phase I ESA)
- A Phase I Environmental Site Assessment is critical for uncovering past contamination, especially for sites near old gas stations, dry cleaners, or industrial zones.
- If red flags are found, a Phase II ESA or remediation plan may be required before securing financing or closing.
4. Tenant Lease Audit (If Occupied)
- Review all active commercial leases, rent rolls, and amendments if the property is income-producing.
- Confirm that security deposits, CAM charges, and renewal options are clearly documented.
- Verify estoppel certificates and SNDA (subordination, non-disturbance, and attornment) agreements for lender compliance.
5. Permitting & Code Compliance
- Check for any open permits, code enforcement violations, or outstanding inspections with the City of Delray Beach.
- Review certificate of occupancy (CO) and business tax receipts, especially for multi-tenant buildings or restaurants.
- Wallace Law can assist in navigating local building department requirements and municipal approval processes.
6. Corporate Entity & Financing Review
- Confirm the buyer/seller’s legal authority to enter into the transaction—especially when dealing with LLCs or partnerships.
- Review financing contingencies, lender requirements, and UCC filings tied to the property.
- Ensure compliance with Florida’s foreign entity registration laws if out-of-state investors are involved.
Why Choose Wallace Law for Your Delray Beach Real Estate Transaction?
We’re not just Florida real estate lawyers—we’re your local legal partners in Delray Beach commercial real estate. We bring:
✅ In-depth knowledge of Palm Beach County property laws and title issues
✅ Direct experience with Delray zoning and DDA development guidelines
✅ Efficient, responsive counsel focused on risk reduction and deal success
✅ A proven track record with office, retail, mixed-use, and industrial assets
📞 Let’s Close Your Delray Beach Deal with Confidence
Buying commercial property without full legal due diligence is like building on sand. Protect your investment from day one with help from a firm that knows Delray Beach commercial real estate inside and out.
👉 Call Wallace Law, PLLC today at (561) 400-3896
📍 Visit us: 2500 Quantum Lakes Drive, Suite 203, Boynton Beach, FL 33426
🌐 www.wallacelawflorida.com
🕒 Schedule your consultation now to avoid costly post-closing surprises.