Commercial Real Estate: How to Buy Big When Your Business is Small

Commercial Real Estate: How to Buy Big When Your Business is Small

Commercial Real Estate: How to Buy Big When Your Business is Small

Small businesses operate in many different ways — from home-based startups and shared office environments to leased storefronts, warehouses, and professional suites. If your Colorado business has outgrown its current space and you’re considering purchasing commercial property as a long-term investment, it’s important to evaluate timing, financing, risk, and legal structure before you buy.

A Colorado small-business attorney can help you navigate key decisions related to ownership, tax treatment, zoning, contracts, financing, and liability protection. This guide outlines how to assess whether your business is ready to move into owned commercial space — and the primary ways small businesses typically finance that transition.


Five Questions to Ask Before Investing in Commercial Real Estate

What is “commercial real estate”?

Commercial real estate generally refers to property used for business or income-producing purposes. In Colorado, this includes:

  • Office and professional buildings

  • Retail and restaurant spaces

  • Industrial and flex properties

  • Warehouses and manufacturing

  • Multifamily and mixed-use buildings

  • Undeveloped or redevelopment land

Each category comes with its own legal considerations — contracts, insurance, disclosures, environmental issues, accessibility, landlord-tenant rules, and state and local zoning and land-use regulations. Before committing to a purchase, make sure the property’s current or allowable use aligns with your business plans — and that future expansion or modification is legally feasible.


How stable is your business financially?

Even if you’ve operated successfully for many years, lenders in 2026 typically look for:

  • Consistent profitability over multiple recent years

  • Reliable cash flow to support mortgage and operating costs

  • Reserves for maintenance, taxes, and business fluctuations

A property purchase can strengthen long-term equity — but it also creates a fixed obligation. Work with your attorney and financial advisor to evaluate whether ownership strengthens or strains your operating flexibility.


Do your growth plans align with the location and space?

Your future growth expectations should match the property you are considering. Risks arise when:

  • You overestimate growth and purchase more space than you can support, or

  • You underestimate demand, outgrow the location quickly, and face costly relocation

Market cycles also matter — if values decline after purchase, selling or refinancing may be difficult. Plan for realistic growth, and build contingency options into your decision-making.


Will your business benefit tax-wise from owning the property?

Ownership can provide advantages — depreciation, expense deductions, and long-term equity — but benefits vary based on structure. For example:

  • A closely held LLC or partnership may see more direct benefit from ownership

  • A larger C-corporation with many shareholders may need a different strategy

  • Some businesses purchase property in a separate real-estate holding entity and lease it back to the operating company

Work with your Colorado business attorney and tax professional to determine whether your current structure supports ownership — or whether restructuring makes sense before purchase.


Should you change or formalize your business structure before buying?

Your entity type affects liability, financing eligibility, and tax treatment:

  • Sole proprietors carry personal liability for debts

  • LLCs provide liability protection and structural flexibility

  • S-corps limit ownership eligibility but may provide tax efficiency

  • C-corps can be attractive to equity investors but have different tax rules

Lenders often prefer formal business entities to sole-proprietor purchasing arrangements. If a change is appropriate, it is best to complete it before entering purchase negotiations.


Five Ways Small Businesses Finance Commercial Real Estate in 2026

1. SBA Loans (7(a) and CDC/504 Programs)

SBA-backed loans remain one of the most common financing tools for small-business property purchases.

  • SBA 7(a): Flexible use, often used for real estate plus working capital

  • SBA 504: Designed specifically for major fixed-asset purchases

Typical structure (subject to lender terms):

  • First mortgage from a private lender

  • Second mortgage through a Certified Development Company (CDC)

  • Lower down payments compared to conventional loans

  • Fixed or partially fixed interest options

  • Owner-occupancy requirements and detailed documentation

SBA programs can be attractive but involve strict eligibility, longer underwriting timelines, and compliance obligations.


2. Conventional Bank Loans

Traditional commercial bank loans generally require:

  • Larger down payments

  • Strong cash-flow history

  • Financial reserves and collateral

In 2026, many banks still prefer SBA-linked structures, but strong borrowers may secure conventional financing with greater repayment flexibility and fewer program restrictions.


3. Seller Financing

In some transactions, the seller finances a portion — or all — of the purchase price. Advantages may include:

  • Flexible terms and interest arrangements

  • Lower fees and fewer third-party costs

  • Faster closing timelines

However, seller-financed deals still require careful documentation, security instruments, and risk analysis — especially if markets shift or revenue fluctuates.


4. Third-Party or Private Financing

Private lenders, investors, or family loans can bridge gaps when traditional financing isn’t ideal. These arrangements:

  • Often move faster than institutional lending

  • May involve fewer formal underwriting requirements

But they also carry relationship risk and sometimes higher financial exposure if business conditions change. Legal agreements should be professionally drafted to protect all parties.


5. Purchasing with Cash (or Near-Cash Equivalents)

Paying cash — whether individually or through an LLC — simplifies the transaction and avoids lender restrictions. Many business owners then lease the property to their operating company, creating a separation between business and real-estate liability.

However, avoid tying all available liquidity into the purchase. Maintaining reserves for operations, repairs, and market shifts is critical.


Moving Forward with Confidence

Purchasing commercial real estate can strengthen your business stability, build long-term equity, and give you greater control over your operating environment — but it also introduces legal, financial, and strategic complexity. The right preparation can protect your investment and help ensure the property truly supports your long-term goals.

If you are considering purchasing commercial space in Colorado — or restructuring your business to support ownership — I can help you evaluate your options, review contracts, and guide you through the legal process.

If you need help with commercial real estate law, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Commercial Real Estate In Denver:  Business As Usual Is No More

Commercial Real Estate In Denver: Business As Usual Is No More

Commercial Real Estate In Denver: Business As Usual Is No More

Denver’s growing population has led to an increase in new jobs and a demand for new space. According to the CBRE in Colorado, the city’s commercial real estate remained robust throughout 2017, gaining attention at the local, national, and foreign levels. With widespread competition among retailers to divert consumer spending, businesses large and small are having to reinvent themselves. Whether that means going omnichannel, catering to a niche market, or occupying an innovative space, business as usual is no more.

As traditional retailers, like JC Penny, Sports Authority, Kmart, and Macy’s, experience mass bankruptcies or store closures, mixed-use spaces and smaller retailers have stayed in demand. As a small business owner, you may have [or will] outgrown your home office model or other current space. Despite high demand and competition, there are less expensive alternatives when it comes to commercial real estate. A small business attorney will assist you with all of your real estate choices. This post will discuss three innovative ways to set up your small business in nontraditional spaces.

 Street Retail

Much of central Denver’s residential development has evolved to support both retail and office development, giving the area an all-in-one environment that appeals to millennials. With millennials and empty nesters alike flocking to the city’s ecclectic urban core, more retail investors are looking at street retail – retail where there is a lot of pedestrian traffic. This has led to retail and other small businesses operating out of the ground floor of apartments or office buildings. If you choose this route, be sure to situate yourself among complementary businesses that target a similar demographic as your business.

Shared Workspace

Renting a space within another business or a shared office is much less expensive than renting or leasing on your own. Another benefit is that customers, employees, and owners of the other businesses will likely become your customers. Green Spaces Denver is an all-inclusive co-working space with a focus on sustainability and the environment. This solar powered workspace offers conference rooms, phone booths for private calls, 24/7 access, high speed wifi, printing, scanning, and meeting spaces for its members.  Other shared space options include collaborative partnerships. For example, if you offer painting or cooking lessons, you could teach them at an established coffee shop in return for a fee or percentage of your revenue. That way, people attending your classes can stay for coffee while some of the coffee shop’s customers will sign up for your classes.

Popup Stores

If you are just starting out or looking to expand your product line, a popup store could be ideal for testing the market, both product- and location-wise. You may find locations that have been empty for a long time, which means landlords are likely to rent to you for a short period at a reduced rate. There are many benefits associated with a popup store, including less capital investment, instant customer feedback, seasonal marketing, and ability to go to your demographic.

Despite the current perception that online shopping is the future of retail, there is still compelling evidence that physical stores are not only more successful and profitable, but they are also more popular among younger consumers. A Forbes article illustrates this point with the following examples: all but one of the top U.S. retailers are physical chains, Amazon purchased Whole Foods, and millennials and Generation Z prefer real stores.

If you need help relocating your retail store, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

How to Navigate Denver’s Commercial Real Estate Market

How to Navigate Denver’s Commercial Real Estate Market

How to Navigate Denver’s Commercial Real Estate Market

There may come a time when your small business has outgrown its retail or home office space. This is great news as it means you are ready to expand. It also means you are about to jump into the competitive pool of Denver’s rapidly changing commercial real estate market. With developers scrambling to keep up with demand, every size and type of real estate – from historic manors and Beaux-Arts buildings to factories and warehouses – is being repurposed for trendy niche retailers and giant corporations alike. The average asking lease price for warehouse space in some neighborhoods jumped by more than 50 percent from 2010 to 2015. By the end of 2016, retail development hit its highest levels since 2010 with nearly 1 million square feet under construction according to the CBRE. Without a team of professionals on hand, like larger organizations have, a small business attorney can help you make decisions about location, leasing or buying, tax deductions and compliance, and protecting your assets. Whatever type of retail space, office, or other commercial property you may need for your flourishing business, consider these five helpful tips before you commit to a contract.

  1. Make a New Plan
  2. Choose the Right Location
  3. Decide Whether to Lease or Buy
  4. Have Exit and Dispute Strategies
  5. Know What You are Signing

1. Make a New Plan

Even if you have been in business for years, you need a revised plan for your expansion. Consider your needs versus your budget. Do you have the resources to close on a property or repay a loan? A solid business plan is an important factor for lenders who are considering your loan application. Within your business plan, lenders are looking to see whether you have a marketing strategy – have you considered your competitors? The habits of your targeted customers and neighborhood? A back-up plan to deal with the pitfalls? A small business attorney will help ensure your plans and real estate choices are realistic and the best for your business.

2. Choose the Right Location

When selecting the area or neighborhood for your business, there are many factors to consider. Demographics, surroundings, centrality, visibility, and compatibility with your desired image are a few of the areas you should research before choosing your location. You would also benefit by researching forecasts and trends for the district (e.g. new projects, funding, crime rates, and other public records that may affect your business). It is essential to be aware of the current and potential value of the properties you look at, especially if you are going to buy rather than lease.

3. Decide Whether to Lease or Buy

A storefront or office space can boost your business’s image. Commercial real estate not only provides a dedicated space outside of your home, but it can help with marketing. As with most real estate, buying commercial real estate is more expensive in the short term than leasing, but less expensive over the long term if you intend to stay in the location. While buying gives you more flexibility and an asset to use when financing other parts of your business, it also means you are responsible for all aspects of your property, including maintenance and additional liability. An attorney will help you decide whether leasing or buying is right for your business.

4. Have Exit and Dispute Strategies

It is important to have an exit strategy if your business does not perform as well as anticipated or your plans have simply changed. What if you can no longer afford the property? What if unexpected factors in the area are negatively impacting your business? What if you decide to sell the business? You should be prepared for these types of scenarios as well as any arising disputes. Tenants of commercial property have fewer consumer protections, and leases are binding contracts. To avoid conflict or severe penalties, be sure to have your small business attorney review any lease or purchase contracts before you sign.

5. Know What You are Signing

By this point in the process, you may be fairly familiar with the world of commercial real estate and its accompanying laws: landlord/tenant laws, disclosure laws, zoning laws, contract laws, insurance laws, etc. Leasing or purchasing agreements fall under contract law and can be very confusing. Your attorney will go over these contracts with you line by line until you fully understand what you are signing in order to prevent any surprises or compliance issues in the future.

If you need help with leasing or buying commercial real estate, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Trelora under fire for breach of contract

Trelora, a real estate brokerage startup located here in Denver that charges a flat fee for its services, appears to have breached the terms of its multiple listing service (MLS) subscription. What Trelora started doing was including, as part of its searchable home listings, the amount that home sellers are willing to pay a buyer’s agent when the property is sold.

In response, REcolorado, a MLS firm, is threatening to fine them, and suspend or terminate Trelora’s access to MLS data. Since then, Trelora had made some changes to meet some of REcolorado’s demands but was nevertheless continuing to post the commission rates to buyers on their website. Trelora lawyered up and was seeking to negotiate with REcolorado and determine where to go from there.

Since then, Trelora stopped posting broker commission information after they received a cease and desist letter from REcolorado. In response, Joshua Hunt, the CEO of Trelora posted an open letter on its website regarding the controversy. In it, he defended Trelora’s actions as fighting for transparency and consumer empowerment. He said, “Unfortunately, there are many in our industry who want to protect agents’ exclusive access to this important [financial] information.”

This live controversy taking place right here in Denver is a great example for how any time you sign-up for a data service like MLS, there is going to be a contract involved regulating what you can and cannot do with that data. Most of the time, there will be limitations preventing you from disclosing most, if not all, of such information to the general public. After all, there is probably a reason why nobody else has done what Trelora is doing. If you fail to comply with the terms of that contract by disclosing protected information, then you have clearly breached that contract and will be liable for damages. It is not surprising that Trelora finally agreed to take down this protected information, as they likely thought the legal battle they were facing would either be unsuccessful or cost-prohibitive to pursue any further.

If you are thinking about entering into a contract and you need help reviewing it and what you will be able to do going forward, don’t hesitate to   reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.