Commercial Real Estate Intake Forms & Client Questionnaires

A client walks in with a triple-net lease dispute on a strip mall anchor tenant, and the first thing you reach for is a general real estate intake form that asks about bedroom count and school district. That form was built for residential closings. Commercial real estate practice operates in a different universe — one governed by CAM reconciliation clauses, estoppel certificates, subordination and non-disturbance agreements, tenant improvement allowances, and exclusive use provisions that can make or break a deal worth millions. The Commercial Real Estate intake form captures the details that actually matter when your client is negotiating a ground lease, contesting a zoning variance denial, or structuring a 1031 exchange with a 45-day identification window ticking down.

The form begins with property classification — office, retail, industrial, multifamily, mixed-use, hospitality, or special purpose — because the property type dictates every downstream question. A warehouse lease raises different issues than a medical office condo conversion. It captures square footage, lot size, current assessed value, existing liens and encumbrances, environmental status (Phase I or Phase II completed, known contamination, underground storage tanks), and whether the property sits in a flood zone, historic district, or opportunity zone. These are not afterthoughts. Environmental liability under CERCLA can follow the chain of title, and a client who acquires contaminated property without conducting proper due diligence may find themselves on the hook for remediation costs that dwarf the purchase price.

Transaction Types and Deal Structure

Commercial real estate matters fall into distinct categories, and your intake needs to route the file accordingly. The form covers purchase and sale transactions (including asset sales, entity sales, and sale-leasebacks), commercial lease negotiations (new leases, renewals, assignments, and subleases), 1031 like-kind exchanges (forward, reverse, and build-to-suit), financing transactions (conventional, SBA, CMBS, and construction loans), and development projects (site acquisition, land use approvals, subdivision, and condominium conversion). Each transaction type triggers different due diligence requirements, different regulatory hurdles, and different timelines. A straightforward NNN lease assignment might close in thirty days. A mixed-use development requiring a zoning amendment, environmental remediation, and construction financing can run eighteen months before a shovel hits dirt.

For 1031 exchanges specifically, the form captures whether the client is the relinquishing party or the acquiring party, the adjusted basis of the relinquished property, the identification deadline, the exchange deadline, the qualified intermediary’s contact information, and whether this is a simultaneous, delayed, reverse, or improvement exchange. Missing the 45-day identification window or the 180-day exchange deadline is not a minor inconvenience — it is a taxable event that can cost the client hundreds of thousands of dollars in capital gains tax. Your intake form needs to flag these deadlines on day one.

Zoning, Land Use, and Regulatory Issues

No commercial real estate intake is complete without a thorough capture of zoning and land use status. The form records the current zoning classification, permitted uses, conditional uses, and any pending or contemplated variance or rezoning applications. It asks whether the property is a legal nonconforming use — grandfathered in under prior zoning but potentially lost if the use is discontinued or the structure is substantially damaged. It covers site plan approval status, subdivision compliance, parking requirements, setback and FAR (floor area ratio) restrictions, signage regulations, and any restrictive covenants or deed restrictions that run with the land.

For clients involved in land use disputes — a denied site plan, an adverse zoning board decision, a neighbor’s challenge to a conditional use permit — the form captures the relevant municipal body (planning board, zoning board of adjustment, city council), hearing dates, prior applications, and the specific grounds for denial. This information feeds directly into your strategy for whether to appeal administratively, file a prerogative writ action, or seek a builder’s remedy under applicable housing law. If your client is a developer facing an affordable housing obligation or an inclusionary zoning requirement, the form captures those details too.

Commercial Landlord-Tenant and Lease Disputes

When the matter involves a lease dispute rather than a transaction, the form shifts to capture lease terms in granular detail. Base rent, percentage rent triggers, CAM charges and reconciliation methodology, real estate tax pass-throughs, insurance requirements, operating expense caps, co-tenancy clauses, radius restrictions, assignment and subletting provisions, and options to renew or purchase. It records the lease commencement date, current term, remaining term, and any notices already exchanged. For tenant default matters, it captures the nature of the alleged default (non-payment, unauthorized use, failure to maintain, holdover), the cure period, whether notice to cure has been served, and the landlord’s objectives — eviction, rent acceleration, or lease renegotiation. For landlord default matters, it captures constructive eviction claims, failure to deliver premises, interference with quiet enjoyment, and failure to make required repairs or provide essential services.

The companion residential real estate intake form handles purchase, sale, and refinance transactions for homes and condominiums. If your client’s matter involves a residential lease, dedicated landlord-tenant forms cover that practice area separately. The commercial real estate form is built for the complexity, deal size, and regulatory overlay that distinguish commercial practice from residential work.

Pricing

The complete commercial real estate set is $19.99 (intake form + client questionnaire), $14.99 for intake only, or $9.99 for questionnaire only. All PDFs are fillable in Adobe Reader and password-protected against editing.

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