Purchase and Sale of Commercial Real Estate in Hawaii
We assist with the purchase of Hawaii commercial real estate by negotiating the Hawaii Purchase and Sale Agreement, conducting due diligence, and preparing closing documents such as a Hawaii Bill of Sale, Hawaii Warranty Deed, Hawaii Assignment of Tenant Leases, Tenant Estoppel Certificates, and Hawaii Escrow Instructions. The representations and warranties within the Hawaii Purchase and Sale Agreement are the keys to protecting a Hawaii purchaser, but cannot replace a thorough due diligence review.
Hawaii Commercial Real Estate Leasing
On behalf of Hawaii landlords, we prepare 20+ page tenant commercial leases for office space as well as personal guaranties for the individual owners of Hawaii business entities. We also review such Hawaii commercial leases for prospective tenants, explaining the questionable lease provisions, and carving out language we feel goes beyond industry standards during negotiations with landlords.
It still amazes us that most tenants do not hire a Hawaii attorney to delete such offensive language, and only learn about the adverse consequences when the landlord defaults them. As we tell our clients, we can’t prevent them from defaulting under a lease, but we can help them understand what risks are involved unless the lease is modified prior to signing. Ultimately it is a business decision for the tenant to make as to whether or not the tenant really wants the space.
Given the poor state of the Hawaii economy, we have been frequently asked to help a tenant get out of their lease. This is obviously much harder to do, but we have been successful in analyzing the risks and minimizing them for the client. We have also been able to negotiate termination of leases and personal guaranties with such entities as large as General Growth Properties.