QUESTION

Purchasing commercial property

Asked on Feb 18th, 2013 on Real Estate - Florida
More details to this question:
I currently own magazine publishing business which is set up as an LLC. I found an office building that I would like to purchase. Part of it will be the office for my business and I will rent the remaining space. WHen I purchase this building, should I buy it under a separate LLC name rather than my publishing business so that it is protected?
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1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
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You should not purchase commercial real estate without having a competent real estate attorney as part of your team.  There are numerous additional factors in a commercial purchase that need to be addressed. As to your specific question, it is advantageous from a liability standpoint to have the real estate titled in the name of a different entity than your publishing business. However, the publishing business would need to pay rent to the owning entity and sales tax on that rent would need to be paid.  Since you are renting out part of the space anyway, your overall situation should be analyzed with your real estate attorney to determine whether this is a prudent expense. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Feb 18th, 2013 at 4:29 PM

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