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:

A Look Back at Small Business Week: Great Advice from Entrepreneurs

A Look Back at Small Business Week: Great Advice from Entrepreneurs

Updated January 5, 2026.

Overview:

The start of a new year often brings fresh goals and ambitions — including the dream of starting your own business. While entrepreneurship offers freedom and fulfillment, it also demands preparation, resilience, and self-awareness. From gauging your passion and tolerance for risk to balancing work and life, new business owners face critical decisions early on. Before you take the leap, make sure you’re ready for the realities of ownership — and seek trusted legal guidance to start strong.

Often, the start of a new year can raise a lot of different feelings in us. What do I want to change? What are my goals? Will 2026 be the year I actually use my gym membership?

You may have turned the corner into the new year determined to cease working for “the man” and ready to strike out on your own. If so, congratulations! While deciding to start your own business is an exciting idea, it’s also important to remember that it’s a significant undertaking, no matter the scale.

Several steps are involved in starting, getting up to speed, and then maintaining your new company. The most useful thing you can do at the outset is make sure you’re as ready as possible.

If the new year has indeed gotten you up close and personal with a switch over to the entrepreneur track, consider these things first.

Jumping in with both feet to a new business takes commitment. Do a gut check: are you passionate about your idea? Do you believe in it so deeply that it will carry you through the long hours and lean times in the start-up phase? Your business concept doesn’t matter as much as your belief in it. That becomes your lifeblood once the initial excitement has passed.

Ask yourself how well you tolerate risk. Some people thrive on it, but for others it’s more difficult. Your business isn’t guaranteed to succeed, no matter how much you think it will. Factors out of your control such as location, political volatility, or cultural change can make or break a company overnight. Will you be able to deal with the ups and downs that usually come with a business start-up — or even its potential failure?

Starting a business means that you will be chief cook and bottle washer for a while — everything becomes your responsibility initially. You have to get your idea out there in front of people and wear several different hats in the beginning stages: sales, HR, administrative, marketing, financial. Is taking on major responsibility a good fit for you? And are you nimble enough to handle it?

Included under the umbrella of responsibility is the ability to make decisions, many of which can be challenging in a small business atmosphere. Do you wear decision-making well? Is this an area in which your strengths consistently show up?

Lastly, the elusive work-life balance. Any entrepreneur who has started her own business can tell you that you go full speed at the outset, and sometimes it doesn’t slow down as quickly as you would like. You may lose time with family, friends, or hobbies that feed you in other ways. Is this the right time in your life to devote all your energies to this undertaking, and do you have the support of others to do so?

Starting your own business is an exciting ride, and one that should be undertaken with realistic consideration. If now is your time, dive in! And let me know how I can support you.

Contact Denver business attorney Elizabeth Lewis

If you need legal help, don’t hesitate to contact me 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:

Do I Need A Lawyer To Incorporate My Small Business?

Do I Need A Lawyer To Incorporate My Small Business?

Do I Need A Lawyer To Incorporate My Small Business?

One of the most important first decisions you’ll make as a business owner is selecting the business structure. If you and your attorney determine that a corporation is the correct business structure, there are some procedures to follow in order to correctly file the necessary paperwork, and having a small business attorney to help can end up saving you time and money in the long run. 

What is a Business Corporation?

A corporation is a legal entity independent from its owners. Depending on whether you are taxed as an s-corporation or a c-corporation, corporations may have profits and may owe taxes. Corporations taxed as s-corporations and c-corporations typically give the owners (shareholders) limited liability protection and the corporation is held legally responsible for its actions. While corporations provide protection from personal liability for their owners, corporate record-keeping, operations, and reporting must be more meticulous. Most businesses that will need to raise capital or that plan to “go public” benefit from incorporating. 

Benefits of Incorporation

There are several advantages to forming your business as a corporation:

  • A corporation minimizes your personal liability and may provide you with tax benefits.
  • Health and life insurance premiums may be deducted from your company’s gross income on the company’s tax return.
  • Incorporating also means that people will treat your firm seriously, and you’ll be able to lay the groundwork for future growth.
  • You may raise cash for your company by selling shares.
  • If you decide to sell your company, there may be advantages to being a corporation.

Basic Incorporation Procedures

The process of incorporating your business can vary depending on what state your business operates in, but in general, there are a handful of procedures that apply such as:

  • Selecting a name for your business and researching whether or not another corporation has registered the name
  • Preparing article of incorporation
  • Filing articles of incorporation
  • Choosing a board of directors
  • Adopting bylaws
  • Electing officers
  • Registering an agent to accept legal documents
  • Issuing stock
  • Determining whether you want to be taxed as an s-corporation or c-corporation and filing the appropriate documents to be taxed as you determine
  • Filing to obtain a business license
  • Obtaining an EIN to tax purposes

Do I Need a Lawyer To Incorporate My Small Business?

It is possible to incorporate your small business without the assistance of a lawyer, but it may not be the best route to take. Legal fees can be an expense that many new business owners don’t want to pay. However, keep in mind that there may be a higher cost to doing it yourself: You put yourself through the tedious process and the risk of making mistakes if you don’t do very thorough research. The paper-filing process isn’t the hard part, but the do-it-yourselfer may not be aware of tax and legal liability issues. Securities regulations might be complicated if you plan to offer shares, even to those that work in the company or close friends and family.

Get Advice Before Incorporating Your Business

The structure you choose for your company has implications for ownership and how the law views your organization. The agreements you make with yourself, the business, and the other owners will have a lasting impact. Consulting with a business attorney who has expertise in creating these documents about your future plans might be the difference between a successful company and one that fails. If you’re ready to form a corporation or you’re still wondering, “do I need a lawyer to incorporate my small business”, contact the Law Offices of E.C Lewis today. 

What Does a Contract Lawyer Do?

What Does a Contract Lawyer Do?

What Does a Contract Lawyer Do?

What Does a Contract Lawyer Do?

Contracts are legally enforceable agreements that are a part of day-to-day business operations for companies of all sizes. Contracts should not be written or signed haphazardly, especially when your business and livelihood are on the line. It’s critical to understand the legal consequences of what you’re entering into and ensure that the contracts created by your business are legally sound. That is where contract lawyers play an essential role. So what does a contract lawyer do, exactly? 

A contract lawyer’s tasks and responsibilities include contract drafting, contract reviewing, and ensuring the interests of their clients are protected. Contract attorneys are familiar with contract requirements and how to ensure that they will be enforceable. Certain legal features and wording are frequently required in these sorts of contracts. A contract lawyer may assist a corporation or individual in including the terms essential for their commercial requirements, as well as any legal terminology that the individual may not be aware of. A contract lawyer may also be able to recommend a litigation attorney who can represent a client when a contract is breached. 

 

Contracts for Startup Businesses

 

Starting a business has various components, from developing your initial idea to hiring your first employee, and each stage may present new obstacles. A contract lawyer can assist you in determining which contracts are required between you, your partners, and your company. Even if you are the only proprietor of your company, you may require agreements between you and your company to protect your limited responsibility. Third parties you wish to do business with may demand business agreements in order to move forward as well. A contract lawyer can ensure that the contracts you create and sign are the appropriate ones for your company and needs. 

 

Ongoing Business Contracts

 

Contracts are a necessary element of running a business. Contracts aid in the development of both your company and your commercial connections. Documents like your Employment and Independent Contractor Agreements, as well as Nondisclosure Agreements, are critical to legal compliance. Because you will use these papers frequently, it is critical that they be done correctly the first time and reviewed annually to ensure that they continue to satisfy your business’s demands and current legal requirements. Master Service Agreements, Vendor Agreements, Lease Agreements, and Manufacturing Agreements are also contracts you may encounter or need to draft during your time as a business owner. 

 

Specialty Agreements

 

There are some agreements that may need to be reviewed once a year or even less frequently, but if you lapse, you may cause a bit of trouble for yourself. It’s all too easy to forget about your software license agreements, online privacy policies, and website terms of service. A contract attorney will make sure you’ve taken all of the required measures, and if there happens to be a website dispute or software licensing violation, they can refer you to a litigator who can represent you. Intern Agreements and Professional Engagement Agreements are two other types of specialty agreements you could encounter as a small business owner.

How Much Does A Contract Lawyer Cost?

 

The cost of a contract attorney varies depending on the attorney’s experience and the specifics of the case. While most attorneys charge hourly, you may find some attorneys charge by the contract. Contract attorneys that are drafting or negotiating contracts may cost a different hourly amount than an attorney that does litigation regarding contract breaches. Most attorneys can give you a range of fees for different contract issues so that you have an idea of how much things will cost before you hire an attorney.

Contract Law at the Law Offices of E.C. Lewis 

 

If you have contracts that need to be reviewed, you’re disputing a contract, or need to address a potential breach of contract, don’t hesitate to reach out to schedule a consultation. Elizabeth Lewis is an experienced contract law attorney who continues to help businesses all over the Denver metro area, Colorado, North Carolina, throughout the United States, and internationally with their contract law needs. Schedule online now or call 720-258-6647!

 

Small Business Legal Checklist

Small Business Legal Checklist

Small Business Legal Checklist

As a small business owner, you must wear a lot of hats! Unfortunately, one of the hats that is difficult to wear is the one involving legal matters. Whether you are just starting a business, are making changes in your current business structure, or are exiting a business, getting small business legal advice can be crucial. In an ideal world, you want to protect all you’ve built as much as you can and avoid any missteps along the way. Use this small business legal checklist to get your legal matters in order to prevent feeling overwhelmed or anxious about missing an important step.

Legal Help for Starting a Business

Starting a business often requires the most attention and legal advice since there are many different things to consider, such as:

Choose Your Business Structure

During business formation, you will need to select from a variety of legal structures for your company. This should be one of the first items on your small business legal checklist. Each type of business provides distinct organizational possibilities, each with its own set of tax and liability concerns. Prior to making a selection, you should extensively examine each legal structure and speak with an attorney and an accountant. These business types include:

  • Sole Proprietorship
  • LLC
  • Partnership
  • Corporation

Forming Contracts Between Owners

A contract is a legally binding agreement between two or more parties. If you own your business with other parties, it is important to have sound contracts stating the parameters of ownership – you can think of it as a prenup agreement for your business. Contracts are meant to protect your business and resources, as well as your personal assets if they are correctly constructed. Unfortunately, faulty contracts may do the opposite.

Contracts with Third Parties

As a small business owner, you will likely have contracts with customers, vendors, employees, contractors, and other individuals or businesses. While some business owners still rely on handshakes to confirm an agreement, in the legal realm, the one who has everything written down is usually the winner, especially if the terms are clear and concise. Always acquire a written confirmation, especially when the agreement involves the exchange of money or intellectual property.

Legal Help For An Existing Business

Even if you have already been in business for many years, you still may encounter situations where you need legal advice, such as:

Signing A New Lease

Throughout the life of your business, you may lease several different office spaces, whether it is for relocation or an additional location. The laws surrounding a commercial lease vary from state to state. When entering into a commercial lease in Colorado, consider factors such as what is prohibited on the property, how rent is calculated, if the rent will increase over time, and what obligations you have as a renter. Being a commercial renter is extremely different from residential so make sure you know what you are getting into before you sign a commercial lease.

Employment Law

Once your business has been up and running for a while, you may find that it’s time to start hiring employees. Both Colorado and federal employment laws aim to identify and defend the rights of employers and workers in the context of a commercial relationship. The objective is to guarantee that all parties are treated fairly by each other and the courts if required. There are subtle differences between employees and contractors that a small business lawyer can help you sort through.

Legal Help When Ending a Business

The process of exiting, dissolving, or selling a business can be tedious and require consulting with an attorney with experience in this area and matter such as:

Closing a Business Without Selling

Before you can close the doors on a business for good, a lengthy number of processes must be completed. These frequently involve legal procedures that involve the help of a business attorney. In some cases, in addition to the lawyer, an accountant is required to dissolve the firm. While a legal representative can verify that legal paperwork is completed appropriately, an accountant can examine revenue, income, and all outbound transactions to ensure that everything is lawful and that the books are free of any questionable activity. Depending on the reasons why the business is closing, you may also need the help of other professionals which your attorney or accountant can recommend based on your circumstances.

Transferring A Business To A Successor

When the owner or a senior-level partner retires, becomes disabled, or dies, small firms and partnerships without sound succession plans often collapse. Family companies, in particular, require proper succession planning because they must either identify family members who are suited for leadership roles or consider other possibilities outside the family and consider tax implications for transfer of the business to the next generation. The keys to a successful hand-off include planning ahead of time, basing decisions on business needs while also managing family expectations for family businesses, knowing the current state of tax law, and reviewing the plan as conditions change.

Selling Your Business To A New Owner

There are several factors to consider when selling a business, such as the business’s value, what portion of the company will be sold, and when the sale will take place. It is crucial when drawing up a purchase agreement that a business attorney with experience in business sales or acquisitions takes the time to thoroughly review all documents.

Elizabeth Lewis, MS, JD Is Your Denver Small Business Lawyer

Regardless of what stage your business is in, this small business legal checklist should help you identify areas where you may require legal advice. Law Office of E.C. Lewis, P.C. understands that the laws governing these areas are always changing, so even if you’ve run a Denver small business for decades, it’s a good idea to keep in touch with a Colorado business attorney on a regular basis to discuss any recent changes. Schedule a consultation today!