Commercial Real Estate Counsel That Covers the Full Transaction
Commercial deals carry more complexity than residential closings — and the stakes are higher. At Bernacki Law, we represent buyers, sellers, landlords, and tenants across Rochester, Monroe County, and the Southern Tier, providing experienced guidance from due diligence through closing. With over 35 years of legal experience, our team knows where commercial transactions go wrong and how to keep yours on track.
Who We Represent in Commercial Real Estate Matters
Commercial real estate transactions rarely follow a simple path. Whether you're acquiring an investment property, transferring commercial real estate, or negotiating a lease for your business, the legal considerations are distinct — and the consequences of overlooking them can be significant. We work with three primary client groups:
- Buyers and investors purchasing commercial property or land in upstate New York, including transactions involving existing tenants
- Sellers transferring commercial property and looking to limit post-closing liability exposure
- Tenants and landlords negotiating or reviewing commercial leases, including multi-tenant retail and office arrangements
Buying Commercial Property With Eyes Open
For buyers, the work that happens before closing is what matters most. Our due diligence process examines zoning compliance, environmental considerations, deed restrictions, and title issues — any of which can materially affect a property's value or intended use. Deals have been renegotiated, and in some cases avoided entirely, based on what that review uncovered.
When a purchase involves an existing tenant, we also review lease assignments and rent prorations as part of the closing process. Nothing about the transaction should come as a surprise after you've signed.
Selling Commercial Real Estate With Appropriate Protections
Sellers have their own set of concerns. Transferring commercial property without proper legal structure can leave you exposed to claims long after the closing date. We work with sellers to ensure representations and warranties are accurate, disclosure obligations are met, and the transaction is structured to limit unnecessary liability on your side of the deal.
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Commercial Lease Review: The Fine Print That Shapes Your Business
A commercial lease is one of the most consequential documents a small business owner will ever sign — and it's also one of the most commonly signed without a full understanding of what it contains. We review commercial leases for the provisions that most often create problems down the road:
- CAM (common area maintenance) fees — how they're calculated, what's included, and whether the landlord's ability to pass costs through is appropriately capped
- Personal guarantee provisions — the scope of your individual liability if the business defaults
- Automatic renewal clauses — terms that lock you into another lease term unless you act within a narrow window
- Rent escalation schedules — whether increases are fixed, tied to CPI, or left to landlord discretion
If a clause doesn't work for your business, we negotiate more balanced terms before you sign. A commercial lease is a long-term commitment. It should support your business, not create ongoing risk for it.
Commercial Real Estate and Business Law — One Relationship, Both Covered
Commercial property purchases often involve an entity decision that's just as important as the transaction itself. Purchasing through an LLC, for example, can affect how liability is structured, how the property is financed, and how ownership transfers in the future. Because Bernacki Law also handles business formation and business law matters, we can advise on both the transaction and the appropriate business structure within a single ongoing relationship — without sending you to a second firm for the entity side of the deal.
Managing the Timeline So Nothing Falls Through
Commercial transactions move quickly, and missed deadlines can cost you a deal or create legal exposure. We track due diligence periods, financing contingencies, and closing logistics — coordinating with brokers, lenders, and opposing counsel to keep the transaction moving on schedule. Our clients aren't left wondering what's happening or what comes next. We stay on top of the timeline so you can stay focused on your business.
Frequently Asked Questions About Commercial Real Estate in New York
Do I need a lawyer to review a commercial lease in Rochester, NY?
New York does not require an attorney for commercial lease negotiations, but the terms in a commercial lease — including personal guarantees, CAM charges, and renewal provisions — can have serious financial consequences for your business. Having a commercial lease attorney review the document before you sign is one of the more cost-effective steps you can take.What does commercial real estate due diligence involve?
Due diligence on a commercial property typically includes a title search, review of deed restrictions and easements, zoning compliance verification, and an assessment of any environmental considerations. For properties with existing tenants, we also review active leases, rent rolls, and any assignments that will carry over to the new owner.Can I purchase a commercial property through an LLC?
Yes, and in many cases it's worth discussing before you close. Purchasing through an LLC can affect liability exposure, financing structure, and future ownership transfers. Because we handle both commercial real estate and business law matters, we can help you think through the entity question alongside the transaction itself.What's the difference between a commercial real estate closing and a residential one?
Commercial closings typically involve more complex title issues, greater due diligence requirements, more negotiated contract terms, and — when tenants are involved — lease review as part of the process. Financing structures are also more varied, and timelines can be more compressed. An attorney experienced with commercial transactions knows where to focus attention and how to keep the closing on track.Does Bernacki Law handle commercial real estate in the Southern Tier?
Yes. We serve clients throughout the Southern Tier from our Belmont office, in addition to our Pittsford location serving Monroe County and the greater Rochester area. If you're involved in a commercial transaction in Allegany County or the surrounding region, we're available to help.
Contact Us Today
Bernacki Law helps individuals and families start businesses correctly across Monroe County and the Southern Tier. John Bernacki has more than 35 years of legal experience, including 16 years as Pittsford Town Justice, and provides business formation counsel from offices in Pittsford and Belmont, New York. Every matter is handled personally. Learn more on our about page.