Distressed Commercial Real Estate: Navigating Investment Challenges


Speak with a trusted real estate lawyer in Cherokee County, Georgia.

Understanding Distressed Real Estate

Explore the intricacies of distressed commercial real estate with Perigon Legal Services. Learn about legal strategies, risks, and opportunities in distressed property investments.

Author: Stan Faulkner, Founder, Perigon Legal Services, LLC

Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 16, 2024.

Distressed commercial real estate refers to properties that are under a state of financial strain or distress. This often arises when an owner can no longer meet their loan obligations, leading to default and potentially liquidation or bankruptcy.

Entities involved:

  • Businesses: Those that may operate within these properties.
  • Investors: Those looking for potential investment opportunities in these undervalued assets.
  • Creditors: Who may be forced to reevaluate the terms or enforce collection on outstanding debt.

As seasoned attorneys in Atlanta, Georgia, we at Perigon Legal Services recognize the complexity involved in distressed real estate transactions and the heightened risk present. It’s crucial for potential real estate investors and lenders to understand that while distressed assets can represent an opportunity, they also carry unique challenges.

We have seen firsthand how professional guidance is paramount. Our firm boasts a combination of strong business acumen with an empathetic approach to our client’s needs, ensuring we navigate the intricacies of distressed real estate transactions with skill and attention to detail.

What Constitutes Distressed Real Estate?

Distressed real estate involves properties that are under financial strain due to factors that significantly reduce their value or interrupt their normal operations. At Perigon Legal Services, we bring our extensive experience in probate and real estate law to guide clients through the complexities of identifying and investing their money in these properties.

Definition and Characteristics 

Distressed properties often come with legal complications, a circumstance we are adept at navigating. These are properties that:

  • Have mounting debts: They may be encumbered with high levels of debt, often resulting in default and potential foreclosure proceedings.
  • Are underperforming: Compared to their market potential, these properties yield lower revenues, which may stem from poor management or economic downturns.

Our team’s attention to detail ensures we recognize every aspect that marks a real estate asset as a distressed property. Several factors can lead to tenants of a property becoming distressed:

  1. Economic factors: This includes but is not limited to recessions or high interest rates affecting the profitability and value of the property.
  2. Operational challenges: Inefficient management can lead to increased expenses and decreased income.
  3. Legal issues: These include unresolved litigations or regulatory violations that can encumber the property.

We combine our knowledge of the law with our business acumen to help clients understand the potential risks and opportunities in distressed real estate. Our personalized approach in handling these types of transactions means that if you are considering distressed properties as part of your investment portfolio, we can manage your case with our full dedication, treating it with significance as if it were our own investment.

Opportunities in Distressed Commercial Real Estate

Distressed commercial real estate properties present unique investment opportunities. These types of assets may become available below market value, allowing investors to step in with a lower capital entry point. While acquiring these commercial properties can be complex, there is a strong potential for significant returns on investment through strategic approaches.

Financing Options to Purchase a Commercial Distressed Real Estate Property

Financing to acquire a distressed commercial property requires a nuanced understanding of the varied options available. We often guide clients through commercial real estate financing and loan structuring to identify suitable solutions that align with their investment strategies. By leveraging such options, investors can optimize their financial outcomes.

Our firm’s dedication to personal attention and detail means we handle each investment opportunity with a fine-tooth comb, positioning you to take advantage of current market conditions. We offer a balanced approach that safeguards your interests and supports ambitious investment moves in the distressed commercial real estate sector.

Legal Considerations Before Buying Distressed Commercial Properties

Before making a purchase, it’s crucial to conduct thorough due diligence. Legal considerations are paramount, and our experience in real estate law ensures you are aware of any encumbrances, title issues, or zoning restrictions that could affect the sale or the property’s future value or utility.

Tax implications should not be overlooked. Strategic planning can significantly impact profitability. We assist clients in developing commercial real estate tax strategies for their commercial real estate investments, which are critical for ensuring maximum benefit from their acquisitions.

Some important actions we take when engaging with distressed property transactions include:

  • Legal review: A thorough analysis of the property’s legal standing, obligations, and potential encumbrances.
  • Investment strategy: Establish a solid plan, factoring in possible additional costs and risk mitigation.
  • Credit analysis: Investigating existing debt levels and the terms of any loans.

Addressing distressed real estate demands a robust methodology. Our team of professionals is adept at conducting diligent investigations into the potential viability of such investments, always prioritizing our client’s best interests and financial goals.

Perigon Legal Services: Your Partner in Distressed Real Estate

With the current rise in distressed commercial real estate, we at Perigon Legal Services are committed to providing professional legal assistance to help you navigate these challenging times. Our Atlanta-based law firm offers a comprehensive range of legal services, from estate planning to real estate law.

Our team is equipped with the knowledge and personal skills to handle your commercial real estate transactions cost-effectively. We understand that each client has unique circumstances, and we attend to every detail as if you were our only client. Some areas we help our clients with include: 

  • Guardianship
  • Asset protection planning
  • Last will and testament
  • Living trusts
  • Elder law
  • Probate
  • Real estate law

Looking for a Real Estate Attorney in Atlanta? Contact Us Today

Estate planning intersects closely with real estate transactions, especially when they involve distressed assets. Ensuring smooth and profitable deals in this dynamic market requires thorough legal guidance. Your investments are deserving of the utmost care and diligence.

We are adept at offering tailored advice to safeguard your interests when dealing with troubled or distressed commercial properties. The complexities of such deals necessitate detailed legal insights that align with your investment goals. In doing so, we leverage our trusted experience to guide you through the investment process, ensuring that every aspect is clear and that your risks are mitigated.

At Perigon Legal Services, we do not just embrace challenges—we master them for you. Suppose you seek a partner to assist with your distressed real estate, foreclosure auction, or mortgage transactions; reach out to us. Together, we can navigate the intricacies of the real estate market to find a path that leads to your success and satisfaction.

Schedule a Free Consultation

Use the form below to tell us about your legal inquiry, and we’ll call you back to schedule an appointment. Please be as detailed as possible. You may also email or call us to make an appointment. Our general response time is one business day.

* Please do not include confidential or sensitive information in your message. In the event that we are representing a party with opposing interests to your own, we may have a duty to disclose any information you provide to our client. *


Shape 1 min6400 Powers Ferry Road NW Suite 386
Atlanta, Georgia 30339