Shelbyville Commercial Property Transactions: A Practical Guide
Buying or selling commercial property in Shelbyville involves many moving parts, from title and zoning checks to negotiating terms that protect your investment. At Jay Johnson Law Firm, we provide clear, actionable legal support for commercial purchases and sales across Bedford County and the surrounding Tennessee communities. Whether you are acquiring retail space, an office building, or an industrial lot, understanding the legal landscape helps reduce avoidable delays and unexpected costs. Call 731-206-9700 to discuss how careful review and timely legal advice can help keep your transaction on schedule and aligned with your business objectives.
This guide outlines the steps typically involved in commercial real estate transactions and highlights when additional legal review is wise. We aim to demystify terms like purchase agreements, title work, surveys, environmental reviews, and closing procedures so you can make informed choices. Our approach centers on practical risk management and clear communication with lenders, brokers, and counterparties. If you are preparing to buy or sell commercial property in Shelbyville, proactive legal involvement can streamline the process and protect your interests throughout negotiation, due diligence, and closing.
Why Legal Guidance Matters in Commercial Purchases and Sales
Commercial property deals can involve complex contracts, restrictive covenants, lender requirements, and regulatory hurdles such as zoning and environmental compliance. Effective legal attention at each stage helps identify title encumbrances, resolve contractual ambiguities, and manage closing logistics so the transaction completes as expected. For buyers and sellers alike, legal support reduces the risk of costly surprises after closing, protects negotiating leverage, and helps ensure that financing and closing conditions are satisfied. Engaging a law firm knowledgeable about Tennessee real estate practice helps preserve value and provides clarity when problems arise.
About Jay Johnson Law Firm and Our Commercial Real Estate Practice
Jay Johnson Law Firm serves clients across Tennessee, including Shelbyville and Bedford County, offering legal services tailored to commercial real estate transactions. Our team assists business owners, investors, and lenders with purchases, sales, contract drafting, and closing coordination. We emphasize thorough document review, clear communication with all parties, and practical solutions that address both immediate transaction goals and longer term property considerations. If you need help navigating title issues, lease assignments, or closing requirements, we can provide measured legal support to keep your transaction moving forward and reduce post-closing disputes.
Understanding Legal Services for Commercial Purchases and Sales
Legal services for commercial property transactions cover a range of tasks, beginning with drafting and negotiating the purchase agreement and continuing through due diligence, title review, and closing. Attorneys help structure terms that allocate risk appropriately between buyer and seller, establish contingencies related to financing and inspections, and set out obligations for repairs or credits. In many transactions, counsel coordinates with lenders, surveyors, insurance providers, and municipal authorities to confirm that the property meets buyer expectations and lender requirements before closing.
During due diligence, legal review often focuses on title defects, recorded easements, outstanding liens, zoning compliance, and lease obligations. For sellers, legal attention ensures documentation is prepared for transfer and that representations and warranties reflect the property’s condition. For buyers, it is an opportunity to confirm that lease income, environmental conditions, and municipal compliance are accurately disclosed. Consistent communication and timely document exchanges reduce the risk of last-minute surprises and help both parties approach closing with confidence.
Definition and Scope of Commercial Purchase and Sale Services
Commercial purchase and sale legal services encompass contract negotiation, title review, due diligence coordination, negotiation of escrow and closing procedures, and post-closing recording. These services are designed to protect the financial interests of buyers and sellers and to ensure compliance with state and local regulations governing commercial properties. Counsel often reviews leases, environmental reports, surveys, and lender documents to identify issues that could affect value or marketability. The goal is a clear, documented transfer where obligations and risks are allocated in accordance with the parties’ intent.
Key Elements and Core Processes in a Commercial Transaction
Typical stages include initial offer and negotiation, execution of a purchase agreement with contingencies, due diligence and discovery of title or condition issues, resolution of identified problems, lender coordination if financing is required, and the closing itself where funds and title transfer. Each stage requires attention to deadlines, notice requirements, and documentation. Timely coordination with title companies, surveyors, and municipal offices is often necessary. Clear written terms and careful review of documents help avoid disputes and facilitate a smoother transition of ownership.
Key Terms and Glossary for Commercial Property Transactions
Understanding common terms helps buyers and sellers make informed decisions. The glossary below explains frequently encountered concepts such as purchase agreements, title searches, due diligence, escrow, surveys, and closing statements. Familiarity with these terms clarifies obligations, timelines, and potential risks during the transaction. If a term in the contract is unclear, early legal clarification can prevent misunderstandings that delay closing or increase costs. Knowing what each term means helps you communicate effectively with lenders, brokers, and the other party.
Purchase Agreement
The purchase agreement is the primary contract that sets out the terms of the sale, including purchase price, deposit amount, contingencies, closing date, and allocation of closing costs. It often includes representations and warranties about the property and conditions under which the buyer may terminate the agreement. Clear, negotiated language in the purchase agreement defines each party’s responsibilities and provides the framework for due diligence and closing. Properly drafted provisions for inspections, financing, and title matters reduce the likelihood of post-closing disputes and protect transactional expectations.
Due Diligence
Due diligence refers to the investigative phase in which the buyer examines title records, surveys, leases, environmental assessments, and financial documents related to the property. This period allows the buyer to verify that the property’s condition, legal status, and income potential match what was represented. Due diligence may reveal title defects, zoning limitations, or environmental concerns that require negotiation or remediation. Clear timelines and a documented process during due diligence help both parties address issues efficiently and avoid unnecessary delays that can jeopardize the transaction.
Title Search and Title Insurance
A title search reviews recorded documents to identify liens, encumbrances, easements, and other matters affecting ownership. Title insurance is often obtained to protect the buyer and lender against certain losses arising from undiscovered title defects. Examining title commitments and resolving any outstanding liens or judgments is a standard part of closing preparation. Addressing title matters early prevents last-minute issues at closing and helps ensure the buyer receives marketable title, subject only to agreed exceptions and recorded encumbrances.
Escrow and Closing
Escrow is the process of holding funds and documents with a neutral third party until closing conditions are met. The closing is the final stage when deed transfer, payment, and recording occur. During escrow, parties coordinate payoff statements, lender requirements, prorations, and final inspections. Lawyers often prepare or review closing documents, ensure proper disbursement of funds, confirm title commitments are satisfied, and verify that recorded documents reflect the agreed transaction. Thorough closing preparation promotes a clean transfer of ownership and reduces the risk of post-closing claims.
Comparing Limited Review and Full-Service Transaction Support
Parties can choose a limited legal review focused on specific issues or a comprehensive engagement that covers negotiation, due diligence, title resolution, closing, and post-closing follow-up. Limited review may be cost-effective for simple, low-risk deals where the parties are familiar with one another and standard documents apply. A comprehensive approach is appropriate when title issues, zoning questions, environmental scrutiny, or complex lease arrangements are present. Matching the level of legal involvement to transaction complexity helps control cost while managing risk effectively.
When a Limited Legal Review May Be Appropriate:
Straightforward Transactions with Clear Title
A limited legal review can work well when the property has a clear title history, standard contract terms are used, and financing is uncomplicated. If the buyer and seller are experienced, the property is free of liens, and there are no unusual zoning or environmental issues, focused counsel to review the purchase agreement and confirm closing documents may be sufficient. This option can reduce upfront legal cost while still providing protection for basic contractual protections and required disclosures prior to closing.
Familiar Parties and Standard Documents
Transactions between familiar parties, such as repeat investors or affiliated entities using routine terms, may not require full-service representation. When the contract language is standard, lease obligations are straightforward, and there are no outstanding municipal or environmental concerns, a targeted review for specific items like closing procedures and title exceptions can be adequate. Even in these situations, clear communication and simple written confirmations of responsibilities help prevent misunderstandings during the closing process.
When a Comprehensive Legal Approach Is Advisable:
Complex Title, Zoning, or Environmental Issues
Comprehensive legal support is advisable when title encumbrances, zoning restrictions, or environmental concerns may affect property use or value. Resolving recorded easements, boundary disputes, or unknown liens often requires negotiation and sometimes corrective documents prior to closing. Environmental assessments can reveal remediation obligations or use limitations that must be addressed contractually. In such situations, a full-service engagement helps coordinate investigations, remediation planning, lender approvals, and negotiated protections in the purchase agreement to reduce post-closing liabilities.
Large Transactions, Complex Financing, or Complicated Contracts
When the transaction involves substantial sums, multi-party financing, or intricate lease arrangements, comprehensive legal involvement is often necessary to align contract terms, lender conditions, and closing mechanics. Complex financing may include multiple lenders, intercreditor arrangements, or construction loans that require careful coordination. A full-service approach ensures that all documents are synchronized, contingencies are clearly drafted, and closing mechanics support the parties’ business objectives, reducing the risk of delays or disputes that could derail the transaction.
Primary Benefits of a Comprehensive Legal Approach
A comprehensive approach provides thorough review of title, contracts, financing, and regulatory compliance, which can prevent costly post-closing issues. By identifying and addressing encumbrances, zoning limitations, or ambiguous contractual language early, parties can negotiate solutions before finalizing the sale. Comprehensive representation also supports coordinated communication among lenders, title companies, surveyors, and municipal authorities, helping maintain the transaction timeline and offering a single legal viewpoint to manage risk and clarify responsibilities.
Another benefit is improved negotiation leverage and better documentation of agreed risk allocations. When contingencies, indemnities, and closing conditions are carefully drafted, both buyers and sellers gain predictability and protection. Full-service legal oversight also ensures proper handling of prorations, payoff statements, and recording requirements at closing. For commercial properties that will be leased, developed, or leveraged, this attention to detail preserves long-term asset value and minimizes disputes that can arise from incomplete or poorly coordinated transaction documents.
Reduced Transactional Risk and Cleaner Title
Thorough title review and prompt resolution of defects help ensure that the buyer receives marketable title subject only to agreed exceptions. Clearing liens, clarifying easements, and confirming survey boundaries reduce the likelihood of future ownership disputes. This risk reduction benefits lenders as well, making financing smoother and often faster. For sellers, resolving title issues before listing or during negotiation can increase buyer confidence and prevent last-minute renegotiations that delay closing or reduce the sale price.
Stronger Contracts and Better Negotiation Outcomes
Comprehensive legal involvement strengthens contract terms, clarifies obligations, and sets enforceable remedies for breaches or misrepresentations. Well-drafted contingencies and indemnities provide predictable paths to resolve disputes without costly litigation. Skilled negotiation can produce clearer allocation of repair responsibilities, appropriate escrow or holdbacks, and protection around rent rolls or tenant obligations. These improvements reduce ambiguity and provide both parties with a documented framework that supports a successful closing and ongoing property management.
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Pro Tips for Commercial Property Transactions
Start Due Diligence Early
Begin assembling key documents and ordering title searches, surveys, and environmental reports as soon as the purchase agreement is executed. Early due diligence reveals problems that can be addressed while negotiation leverage is still strong and before significant time or expense is incurred. Timely investigations also allow buyers to confirm financing assumptions and permit sellers to clear known encumbrances. Proactive planning and a clear timeline for deliverables help prevent last-minute rushes that can delay closing or increase transaction costs.
Be Clear About Closing Responsibilities
Coordinate with Lenders and Brokers
Keep lenders and brokers informed throughout negotiation and due diligence, sharing timelines and any material developments that could affect financing. Coordination ensures that lender conditions are understood, that required documentation is ready for underwriting, and that brokers can manage market or tenant communications. Transparent communication among all parties reduces delays and fosters realistic expectations about closing dates, required cure items, and any contingency waivers necessary to proceed to a timely closing.
Reasons to Consider Legal Support for Commercial Transactions
Legal involvement helps manage the many technical and procedural aspects of a commercial sale or purchase that can affect value and liability. Whether the matter is clearing title, negotiating complex financing provisions, or ensuring compliance with zoning and land use regulations, legal review protects the transaction timeline and reduces the chance of costly post-closing issues. For buyers, counsel helps verify income streams and lease obligations. For sellers, legal preparation ensures documents are in order and transfer obligations are properly documented.
Engaging legal support also provides a single point of accountability for drafting and coordinating transaction documents, communicating with title companies, and addressing closing logistics. This reduces administrative burden for principals and brokers and helps ensure that closing proceeds smoothly. Especially in larger or more complex deals, coordinated legal action can prevent misunderstandings that lead to renegotiation or litigation after closing, preserving both time and value for the parties involved.
Common Circumstances That Call for Legal Assistance
Typical triggers for legal involvement include discovery of title defects, disputes over boundaries or easements, complex lease portfolios, lender conditions that affect timing, environmental findings that require remediation, and transactions involving multiple partners or entities. Legal review is also prudent when municipal approvals or zoning interpretations impact intended property use. Early engagement helps prioritize issues and guides negotiations to address or allocate these risks before closing.
Title Defects and Encumbrances
Title defects, undisclosed liens, or recorded easements can prevent a clean transfer of ownership and may require resolution before closing. Addressing these matters often includes negotiating payoffs, obtaining releases, or amending documents to clarify rights and obligations. Legal assistance can coordinate responses with title companies and lenders and work toward remedies that clear the path to closing or, if necessary, adjust contract terms to reflect remaining exceptions. Taking prompt action minimizes the chance that title matters derail the sale.
Zoning and Land Use Restrictions
If the planned use of the property conflicts with local zoning or land use rules, additional permits or variances may be necessary. Legal review helps interpret municipal regulations, coordinate with planners, and advise on likely outcomes and timelines. When rezoning or special permits are required, those processes can extend transaction timelines and may affect purchase price or financing. Early legal assessment assesses feasibility and helps the parties negotiate protections if approvals are uncertain.
Leases, Tenant Obligations, and Income Verification
Commercial properties with existing tenants bring additional complexity, including lease review, verification of rent rolls, and assessment of tenant obligations and defaults. Legal review focuses on lease terms, options to renew, assignment restrictions, and any landlord obligations that survive closing. Confirming tenant income and obligations reduces uncertainty about cash flow and highlights potential liabilities that should be addressed contractually or through escrow arrangements prior to closing.
Shelbyville Commercial Real Estate Attorney
We represent buyers, sellers, lenders, and investors in commercial real estate matters in Shelbyville and the surrounding Tennessee communities. Our approach is practical and transaction-focused: we help clients understand risks, negotiate clear contract terms, and coordinate closing logistics. Whether you are dealing with a simple sale or a complex portfolio transaction, we provide consistent legal support to help you achieve a timely, well-documented transfer. For a consultation about your commercial purchase or sale, call Jay Johnson Law Firm at 731-206-9700.
Why Choose Jay Johnson Law Firm for Commercial Purchases and Sales
Jay Johnson Law Firm offers hands-on legal support tailored to the needs of commercial buyers and sellers in Shelbyville. We focus on clear contract drafting, coordinated due diligence, and practical solutions to title and regulatory issues that commonly arise in Tennessee transactions. Our goal is to help clients complete deals on schedule while protecting their financial interests. We work closely with lenders, title companies, brokers, and municipal authorities to keep all parties aligned toward closing.
Clients benefit from direct communication and careful attention to transaction timelines, documentation, and closing mechanics. We prepare and review purchase agreements, negotiate amendments where needed, and ensure that title commitments and lender conditions are satisfied. Our approach reduces administrative friction and provides a documented path to closing that reflects the parties’ business objectives. For sellers, we help organize payoff information and disclosure materials so the transaction proceeds smoothly.
Whether the matter involves a single-location sale or a multi-parcel acquisition, we provide focused legal support aimed at predictable outcomes. We prioritize clear explanations of legal and procedural steps so clients can make informed decisions. If you have questions about a pending offer, financing condition, or title issue in Shelbyville, reach out to Jay Johnson Law Firm to discuss practical next steps and options for protecting your position in the transaction.
Contact Jay Johnson Law Firm to Discuss Your Commercial Transaction
How the Legal Process Works at Our Firm for Commercial Transactions
Our process begins with an initial consultation to identify transaction goals, timelines, and any immediate concerns such as title or zoning questions. We then review or prepare the purchase agreement, outline due diligence tasks, and coordinate delivery of documents from title companies, surveyors, and environmental consultants. Throughout the process we provide status updates and recommendations for addressing issues. Prior to closing, we confirm lender conditions, finalize closing statements, and ensure that recording and disbursement procedures are in place.
Step 1: Initial Review and Agreement Preparation
The initial stage focuses on understanding the parties’ objectives, reviewing the proposed purchase agreement, and identifying key contingencies and deadlines. We confirm basic title status and outline necessary due diligence items such as surveys, title commitments, environmental assessments, and lease documentation. Early identification of potential obstacles allows us to draft protective provisions that allocate risk appropriately and set contingency deadlines to preserve negotiating leverage and avoid last-minute surprises.
Document Gathering and Preliminary Title Review
We coordinate collection of seller disclosures, leases, rent rolls, and existing title documents and request a title commitment from a reputable title company. Preliminary review of these materials helps flag liens, easements, or exceptions that may need attention. We also recommend surveys or boundary confirmations if the property’s legal description or improvements are unclear. Prompt collection and review of documents empower timely negotiation and reduce the likelihood of issues emerging late in the process.
Drafting, Negotiation, and Contract Finalization
Once the documents and title information are collected, we assist in refining the purchase agreement, negotiating terms with the other party, and preparing any necessary amendments. This stage includes clarifying contingencies for financing, inspections, and approvals, and establishing escrow instructions and deposit handling. Clear, well-documented agreements at this stage reduce ambiguity and set realistic expectations that guide the subsequent due diligence and closing timeline.
Step 2: Due Diligence and Problem Resolution
During due diligence, we review title commitments, surveys, environmental reports, leases, and municipal compliance matters. If issues are identified, we advise on negotiated remedies such as escrow agreements, seller cures, or adjustments to the purchase price. We coordinate with lenders and other professionals to ensure that underwriting and inspection requirements are met. Keeping a clear checklist and timeline helps manage tasks efficiently and avoids unnecessary delays that could impact financing or closing dates.
Title, Survey, and Insurance Review
A careful review of the title commitment and survey identifies recorded exceptions, easements, and any encroachments that could affect the transaction. We work with the title company to resolve liens, secure necessary endorsements, and prepare documents for title insurance issuance. Addressing title and survey issues before closing minimizes the chance of recording problems and supports a smooth transfer of ownership that meets lender and buyer expectations.
Zoning, Environmental, and Lease Evaluations
We evaluate zoning and land use constraints, environmental reports, and leases to confirm that the property can be used as intended and that tenant obligations are understood. When issues arise, we recommend practical solutions such as negotiated indemnities, escrow holdbacks, or remediation agreements. Coordinating with environmental consultants and municipal authorities when needed helps clarify potential remedies and timelines, allowing parties to make informed decisions about proceeding to closing.
Step 3: Closing and Post-Closing Matters
In the closing phase we finalize documents, confirm funding sources, obtain payoff statements, and ensure that all conditions to closing are satisfied. The deed and related transfer documents are executed, funds are disbursed through escrow, and recording is completed to effect legal transfer. After closing, we confirm that recording has been completed properly, assist with any required notices to tenants or service providers, and help coordinate post-closing items such as release of escrow or lien satisfaction confirmations.
Preparing and Reviewing Closing Documents
Prior to closing, we prepare or review the settlement statement, deed, bill of sale, assignments, and any required affidavits. We confirm that all parties have met their obligations, that funds are available for disbursement, and that lender instructions are satisfied. Ensuring that the documents reflect negotiated terms and that disbursement instructions are clear reduces the risk of errors at closing and makes the transfer process more efficient for all participants.
Post-Closing Follow-Up and Recordation Confirmation
After closing, we verify that deeds and financing documents have been recorded correctly and that any required releases or satisfactions have been filed. We assist with final notices to tenants or service providers and handle distribution of closing documents to lenders and insurance providers. Prompt post-closing follow-up ensures that title records accurately reflect the transfer and that any remaining administrative tasks are completed to protect the new owner’s interests.
Frequently Asked Questions About Commercial Purchases and Sales
What steps should I take first when purchasing commercial property in Shelbyville?
Begin by clarifying your budget, financing options, and desired property characteristics. Request a copy of any existing leases, recent tax statements, and seller disclosures as early as possible so that you and your legal team can review material facts. Engaging counsel early helps ensure that the purchase agreement includes appropriate contingencies and deadlines that protect your interests.Next, order preliminary title work, surveys, and any necessary inspections to identify issues that may affect value or use. Early due diligence allows time to address matters like liens, easements, or zoning constraints while negotiating solutions without jeopardizing your timeline.
How long does the typical commercial purchase process take?
Timing varies with transaction complexity, lender underwriting, and required approvals. Simple transactions with clear title and standard financing can close in a matter of weeks, while complex deals involving environmental reviews, rezoning, or substantial lender conditions can take several months. Clear timelines and realistic contingency periods in the purchase agreement help set expectations for both parties.Delays commonly arise from title defects, unresolved tenant issues, or lender documentation requirements. Coordinated communication among buyer, seller, lender, and counsel is key to keeping the process on track and avoiding last-minute postponements of the closing date.
What is a title commitment and why is it important?
A title commitment is a preliminary report from a title company that lists the recorded matters affecting the property and the conditions under which title insurance will be issued. It identifies liens, easements, and other exceptions that could affect marketability. Reviewing the commitment early lets parties address encumbrances prior to closing.Resolving or addressing items on the commitment may involve obtaining releases, negotiating payoffs, or accepting exceptions in the title insurance policy. Clearing significant title issues before closing reduces post-closing risk and facilitates lender approval and insurance issuance.
Do I need an environmental assessment for a commercial purchase?
Whether an environmental assessment is necessary depends on the property’s past uses and lender requirements. Properties with industrial, manufacturing, or heavy commercial histories commonly trigger a Phase I environmental site assessment to identify potential contamination risks. Lenders often require an assessment as part of underwriting for commercial loans.If the Phase I indicates potential concerns, further investigation or remediation planning may be necessary. Early environmental review informs negotiation and can identify potential liabilities that should be addressed contractually or through escrow arrangements prior to closing.
Who is responsible for paying closing costs in a commercial transaction?
Closing cost allocation is negotiable and should be specified in the purchase agreement. Typical items include title insurance premiums, recording fees, escrow fees, prorated taxes and utilities, and any agreed seller credits. Local custom and the leverage of buyer and seller often influence who pays each item.Careful drafting of the purchase agreement that lists which costs are allocated to each party avoids misunderstandings. Confirming payoff amounts for existing loans and obtaining payoff statements early helps ensure accurate final accounting at closing.
How are leases handled during a sale of an income-producing property?
When an income-producing property is sold, existing leases typically transfer with the property, subject to terms regarding assignment. Buyers should review all lease agreements, security deposits, rent rolls, and tenant estoppel certificates to verify income and tenant obligations. Identifying lease provisions such as renewal options or assignment restrictions is essential to understanding future cash flow.Negotiations may address tenant defaults, required consents, or needed repairs. Where leases are complex, contract terms can allocate responsibilities and include holdbacks or escrow arrangements to address unresolved tenant issues at closing.
What should I do if the title search reveals a lien?
If a title search reveals a lien, the parties should determine whether the lien can be paid off or otherwise released prior to closing. Some liens can be resolved through negotiated payoffs, while others require additional documentation or court action. A clear plan for resolution should be documented to avoid surprises at closing.In some cases, the parties may agree to a credit, escrow holdback, or purchase price adjustment to address the lien if immediate payoff is not feasible. Early communication with the title company and lender is essential to confirm acceptable remedies and timeline for clearance.
Can a purchase contract include contingencies for financing and inspections?
Yes, purchase contracts commonly include contingencies for financing, inspections, title approval, and other conditions. Financing contingencies protect buyers by allowing termination if satisfactory loan terms cannot be obtained within the agreed timeline. Inspection contingencies permit buyers to identify defects and negotiate repairs or credits prior to closing.Clearly defined contingency deadlines and procedures for notice and cure are important to avoid disputes. Contract language should specify how and when contingencies must be satisfied or waived, and what remedies are available if conditions are not met.
What role does a survey play in a commercial real estate closing?
A survey confirms property boundaries, identifies improvements, and notes potential encroachments or easements that could affect use or development. Lenders often require an updated survey, and buyers use surveys to confirm that the physical improvements align with the legal description. Survey issues can affect title insurance exceptions and may require negotiation or corrective action before closing.Addressing survey discrepancies early prevents last-minute disputes and helps ensure that title and survey matters are coordinated for issuance of title insurance. If encroachments exist, parties can negotiate solutions such as easement agreements or boundary adjustments.
How can I prepare my property for a faster sale?
To prepare for a faster sale, organize property documents, including leases, tax records, recent surveys, and disclosure statements, so potential buyers can review material promptly. Address known title issues, obtain necessary inspections, and resolve obvious maintenance items that could slow negotiations. Clear and complete documentation signals readiness to transact and can reduce negotiation time.Working with counsel and brokers to set realistic timelines and to establish clear terms for contingencies and closing logistics also helps accelerate the process. Early coordination with lenders and title companies reduces the likelihood of unexpected hurdles near closing.