Broker tells me to validate zoning is ideal for my business? – Score: 7

14 thoughts on “Broker tells me to validate zoning is ideal for my business? – Score: 7”

  1. Perhaps, but the Broker isn’t going to be doing your DD for you since he’s a LL rep. Call the municipality to get confirmation your use is permitted under the current zoning.

  2. My guess is this could likely be considered legal advice which a broker is NOT permitted to give. Although a broker will give their best advice in contract review and issues like zoning, ultimately you should contact a legal professional if you have any concerns.

    Also, sounds like this is the landlord’s broker, not yours. In a commercial lease, it is usually up to the tenant, not the landlord, to confirm zoning compliance.

  3. Brokers are generally taught to point you towards the applicable zoning ordinances without actually explicitly claiming anything.

    Making a definitive declaration on a legal gray area could compromise them down the road. That’s how I interpret it at least.

  4. Is your business super weird? I agree that a broker should be able to shed light unless it’s really weird.

  5. Yes, unfortunately this is on you it seems. Broker, especially the LL rep (and even in some cases your rep), shouldn’t be expected to give you this information… and even if they did, I would do your own work.

    On that point, while zoning codes can sometimes be a little confusing/hard to follow, a city/county zoning dept. will typically have contacts you can email. I would start there.

  6. As others are saying, I think this is a case of a person not sticking their neck out when they don’t need to. Zoning ordinances can be complicated and unintentionally misleading you could open them up to some sort of liability. It’s up to you to figure out if your business is legal.

  7. The whole purpose of a broker is not to help you with zoning laws. You should do your own DD or hire an architect.

  8. If it is a situation where the tenant’s business is obviously allowed then I will tell them so, after checking the municipality’s zoning code. If it’s the slightest bit borderline if the use is allowed by by-right in that zone, I’ll tell them they need to confirm themself or have their attorney do it. Yes, the broker should do some homework for you, but he isn’t a land use attorney.

    Very common for landlord’s to refuse to say in the lease that a use is by-right for the same reason.

  9. Even if they did reassure you it was fiiiine.

    Do your own work, and hire our own rep. This is just the beginning. Next is lease negotiation.

  10. Never expect your broker to do your due diligence.

    Even if they tell you something, confirm it.

    There job is to help you find real estate… And maybe navigate the contracts, but even that is best done by a lawyer.

    A good broker finds you a good deal, that should be enough.

  11. Zoning isn’t enough for allowing your business type. The building itself could be built as a different type which won’t allow everything the zoning would. Also the building HOA (if industrial condo) can limit the uses. My HOA doesn’t allow marijuana or automotive even though we are I-1. Allows pretty much everything
    Edit: also in Denver

  12. As others have mentioned, interpreting zoning laws is a lawyers job, not a brokers. Not only am I not going to lose my license over giving legal advice, I’m not going to even REFER you to an attorney without some serious disclaimers.

    And before you ask, while I’ll review your lease to make sure the business points are right and there is nothing GLARING that would be within my purview to notice….no, I am not going to sign off on your lease, either.

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