If you are involved with commercial real estate, you probably already know it is essential to have an able and savvy commercial real estate attorney at your side. You should also be aware that engaging with a real estate lawyer before you begin the project is wise; waiting until you hit a snag is foolish. It is important to have a rapport with the real estate attorney you hire; if you wait until you’re dealing with an urgent matter, you aren’t likely to have the time to research which commercial real estate lawyer best meets your needs.

One of the primary reasons clients consult with me at the Law Office of Benjamin S. Proto, Jr., is for advice and guidance regarding their commercial real estate actions and decisions. As an attorney with excellent credentials, I am fully prepared to help you with all aspects of the field — including purchase, sale, and contract negotiations.

Over the 31 years, I’ve been in practice, I have successfully assisted a wide range of developers in real estate transactions. My extensive experience in commercial real estate and the ease with which I work with other professionals have stood me and my clients in good stead since commercial real estate often involves interacting with other attorneys, architects, engineers and real estate brokers. I am proactive and efficient and have the resources and skills to assist you with confidence. You can be sure that my knowledge of Connecticut real estate law is accurate and up-to-date.

Questions I Can Help You Answer

When you undertake a new commercial real estate venture, you are likely to have questions about how to proceed, even if you have been through the process before. The fact of the matter is that every opportunity has its unique features and it is important to have a lawyer who keeps apprised of all the complexities of pertinent local laws. I am available to answer any of your questions, such as:

  • How should you go about purchasing the property you’re interested in?
  • What is the best use for which you can use the property?
  • How should the undertaking be financed?
  • Should you divide a large property into smaller parcels for greater profit?
  • What documents do you need to obtain or provide?

When you come to me for legal services, you can rest assured that you will be treated with respect and integrity.

Services Provided by the Law Office of Benjamin S. Proto, Jr

I have represented clients with the purchase or sale of raw land, developed property, environmentally impacted property, and anything in between. In addition, I am comfortable working with local and state governmental agencies to determine which restrictions may affect your plan for developing or redeveloping newly purchased property or may affect the buyers who may be interested in purchasing your  property. I am more than happy to represent you in matters involving:

Purchase and Sale of Real Property

There are a great many issues to be considered by commercial real estate attorneys, whether they are representing the buyer or the seller. While the buyer has to be protected from the dangers of any “as is” purchase and from defects that may reveal themselves well after the sale, the seller has to be protected against default on the part of the buyer.

Because, in most cases, contracts hold the seller liable for any damage between the date of the contract signing and the date of the closing, it is typically in the seller’s best interest to close quickly. The buyer usually should proceed more cautiously, although he or she may be eager to snap up the property if the price is low. In cases like this, as your commercial real estate attorney, I will make sure that all actions you take are productive.

Real Estate Taxes

A good real estate attorney should always inform you of the tax implications of the upcoming transaction. In many cases, there are ways that I can coordinate with a tax attorney or accountant to mitigate adverse tax consequences by restructuring the purchase agreement.


As a capable commercial real estate attorney, I will assist you with the complications involving a third party lender. If you are selling property and are able to offer financing, you’ll have more control over the transaction, but it must be remembered that there are risks, as well as advantages, attached to being a lender.

If you are the buyer, I will help you discover reasonable financing options, well aware that if you don’t obtain appropriate financing you will most likely have to back out of the deal. I’m also well-prepared to guide you through the process of obtaining title insurance.

Title Reviews

Title reviews are performed by a title abstractor or title company. Either way, land records must be examined to determine who has owned the property in the past and whether the property has any liens or other encumbrances against it. It is extremely important that we ensure clear title before you purchase any commercial property.


If you are buying or selling property occupied by tenants, I will help you to obtain or provide a list of current tenants and copies of all active leases. If you are the buyer, we will also have to clarify whether the rents being paid by the current tenants are sufficient to cover the costs of owning and operating the property, and whether any of the tenants are non-creditworthy or in default.

In addition to these services, I assist my clients with the following:

  • Construction and Renovation
  • Approvals and permits
  • Mortgage arrangements
  • Foreclosures
  • Eminent domain issues
  • Landlord/tenant agreements and disputes

Having worked in commercial real estate for a long time, I know that it’s important for me to have a solid grasp of all matters pertinent to your situation, including both factual and intuitive knowledge about the intentions of the party or parties you’re interacting with.

If you are contemplating a purchase or sale of commercial property in Stratford, Bridgeport, Milford, Trumbull, Shelton, Fairfield, Orange, Derby, New Haven,  Westport or anywhere in Connecticut, or if you have any questions regarding property you already own, please contact me through my website, or call me at 203.307.2915.