Common Commercial Real Estate Problems

Klosinski Overstreet discusses the most common problems in commercial real estate.

Commercial real estate transactions often present problems that residential transactions do not. While residential real estate is intended for personal use, commercial real estate is generally used for the purpose of conducting business. Therefore, the purchasers of this type of real estate must be aware of some of the common problems such transactions present. If you would like to purchase commercial properties in Georgia, please review the information below, and contact a Georgia real estate attorney for additional guidance. 

Common Problems in Commercial Real Estate


Insurance companies or other parties in a transaction may require the performance of an ALTA survey prior to closing. An ALTA survey is performed by a licensed surveyor in accordance with standards established by the American Land Title Association. ALTA surveys typically show the following:

  • Information regarding easements 
  • Information regarding flood zones 
  • The location of water boundaries
  • Property accessibility information
  • Zoning issues affecting the property
  • Setback requirements
  • Information regarding encroachments 
  • Evidence of use of the property by other parties
  • The names of adjoining property owners 

Environmental and zoning 

Before completing a transaction, a potential purchaser may consider researching local, municipal, and state zoning requirements in order to review the ways in which the property may be used. In addition, purchasers should consider ordering environmental surveys to determine the existence of any environmental issues.


All real estate transactions in Georgia, whether commercial or residential, require a title search. Title exceptions, including encumbrances, reservations, and limitations, should be researched and analyzed prior to finalizing any transaction.  

Contact Our Georgia Real Estate Attorneys for Your Commercial Real Estate Needs

These transactions present different challenges than residential real estate transactions; thus, the assistance of an experienced Georgia real estate attorney is imperative when buying or selling commercial property to ensure that things go according to plan. At Klosinski Overstreet, LLP, we will help you with all legal aspects of the purchase and sale process. Our attorneys have experience facilitating the purchase and sale of many types of commercial properties, including retail centers, office buildings, hotels, apartment complexes, and vacant property slated for commercial development. However, it is essential that you allow enough time prior to your transaction for our experienced attorneys to review all appropriate documents and address the types of issues discussed above. 

Therefore, if you plan on buying or selling commercial real estate in Georgia, please contact us as soon as possible for a consultation. 

Posted in: Commercial Real Estate