Esther J. Lotz Broker LLC

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Before You Buy or Lease


“Esther Lotz has represented many clients of mine over the years as a commercial real estate broker, both Sellers and Buyers. I find that her preparation, depth of knowledge and thoroughness is a great asset both to my client and to me as their attorney. Especially noteworthy is the level of detail she brings to the due diligence process. Whether for seller or buyer, she works to be sure both parties have as much information as they might need for determining if the property will suit their needs as a buyer and to insure that the seller has completely disclosed the relevant limitations. Including state or local permitting needs the buyer may have for the use they anticipate, especially if that use differs from the present use of the seller. The full disclosure is not just helpful, it reduces the risks of claims later, protecting both parties from costly surprises after closing.”

L. Randolph Amis, Esq.
Of Counsel
Montroll Backus & Oettinger PC


“I have worked as a civil engineer with Esther on many deals, over many years. Esther tirelessly represents her clients with integrity and is diligent in working through whatever issues might arise – no matter how mundane or complicated they may be. Many times I have witnessed Esther eagerly go the extra mile to keep a deal on track, or to graciously help out another member of her team.”

Andy Rowe
Civil Engineer


“Esther, I find yours to be the most comprehensive and consumer and client-oriented policy statement I have encountered in my 45 years in the real estate business!”

Ray Ault
Ault Commercial Realty, Inc.


Five star Google review:

Trustees of the Ted Church Trust

We hired Esther to consult with us regarding lease negotiations with a commercial tenant in the St. Albans Industrial Park. She determined the comparable fair market rents and helped us determine a reasonable rental amount for the buildings. She also reviewed the proposed leases and offered very helpful suggestions, including some issues that our own lawyers had overlooked.

Esther’s expertise was invaluable. She’s experienced and knowledgeable, and has a thorough understanding of the Franklin County market. She’s extremely thorough in her research, generous with her time, and entirely focused on her client’s needs.

We’re very satisfied with her representation, and highly recommend her.


Some clients look to their commercial real estate brokers in this market to draft or provide legal contracts (Leases, Purchase & Sales, contract addendums) but this is discouraged as it is viewed as practicing law without a license. The residential fill-in-the-blanks forms are viewed as inadequate for the complexities of a commercial transaction. Brokers CAN draft and provide “Letters of Intent” (LOI) to Purchase. A Commercial Real Estate Attorney drafts a Purchase & Sale Contract using a broker’s LOI.

Click here to download a sample LOI in Adobe PDF format.

Click here to download a sample LOI in MS Word format.

Click here to download a sample Lease LOI in Adobe PDF format.

Click here to download a sample Lease LOI in MS Word format.

In commercial real estate the attorneys hold the contract deposits in escrow, not the brokers.

There are a few key things that I advise buyers:

  • Be sure to meet with an environmental engineer before you write an offer in order to understand your time frame, cost & feasibility for environmental due diligence
  • Be sure to meet with a civil engineer before you write an offer in order to understand your time frame, cost & feasibility for acquiring Municipal & State permits
  • I recently had an administrative change of use permit for a 5000 SF deal cost $46,000. in WW fees & PM peak hour trip end fees
  • Hire a commercial real estate broker to represent you as a buyer before you write an offer. Many commercial brokers specialize so it is prudent to ask the broker how many transactions they have completed of the type you are contemplating. While I have a wide range of commercial experience with a high rate of success across many transaction types, I tend to specialize in owner-user deals and metal buildings. Here is a link to a local commercial real estate organization that has a list of members – http://www.ccrea.com/member/public_roster
  • Be sure to meet with Municipal Planning & Zoning to review the file on the property. A phone call asking if the use is listed as permitted or conditional does not answer questions for instance about traffic impact fees, municipal water allocation letters, & parking waivers. Meeting with West St (ACT 250 & WW) & Division of Fire Safety (State C/O) and Municipal Fire Marshals may also be advisable. Email Esther to request contact information for these entities.
  • Commercial real estate contracts generally require the buyer to perform a preliminary title search in the first 30 days of the standard 60-120 day due diligence period. This is so that there is enough time left in the transaction to address any issues without delaying the closing.
  • “We recommend to all prospective purchasers to perform proper due diligence before purchasing a property, especially commercial and industrial properties.” – John Schmeltzer, Environmental Analyst, VTANR/Dept of Environmental Conservation Waste Management and Prevention Div.  (for information, please contact) Trish Coppolino – Sites Management Section, Chief, Brownfields Program Manager, Patricia Coppolino, 802.249.5822,
    Read More…

What to expect from your commercial broker…your broker will:

  • Independently confirm all information provided to you
  • Collaborate with your commercial real estate attorney on business terms (not legal terms) for your lease or purchase and sale contract
  • Schedule your meetings with the engineers, with Planning & Zoning, with West St & Division of Fire Safety
  • Know the questions to ask in these meetings
  • Take notes for your file
  • Be at your side in any DRB hearings
  • Schedule and be present for contractor walk- throughs of the property
  • Track your contingency dates & permit time frames throughout your estimated 60-120 day due diligence period

Working with an unrepresented buyer:

If an unrepresented buyer is touring one of my listings, I will show that buyer the property as many times as they wish…I will still split my fee 50/50 with another broker at any time the buyer seeks representation, even up to the day of the closing. That is only fair in my mind to the consumer who deserves representation at any point in a transaction & to my seller who is counting on me to put a deal together with a minimum of stress, wasted time & liability. A buyer with representation cuts my seller’s liability in half so a buyer’s rep is always welcomed.  One of the buyer brokers responsibilities is to independently confirm all information involved with the transaction for his or her buyer.

Advice from the Vermont Attorney General’s office – click here.

RESOURCES


Commercial Real Estate Civil Engineers

O’Leary & Burke
[email protected]
https://olearyburke.com
802-878-9990

Krebs & Lansing
[email protected]
http://www.krebsandlansing.com
802-878-0375

EIV Technical services
Jacqueline Dagesse

[email protected]
www.eivtech.com
802-497-3653

Civil Engineering Associates, Inc.
David S. Marshall, P.E.

[email protected]
www.cea-vt.com
802-864-2323 x310

Catamount Consulting Engineers, PLLC
Jeffrey Olesky, P.E.

[email protected]
www.ccevt.com
802-598-8081


Commercial Architects

Wiemann Lamphere
Steven Roy

[email protected]
802-861-0436

Delorme Steger Architects
Danielle DeLorme

[email protected]
617-460-1284
Hilary Steger
[email protected]
802-498-4345


Commercial Bookkeeper

Stephanie Mac
[email protected]
802-735-7292


Commercial Real Estate Attorneys

Eric M. Knudsen
[email protected]
http://www.langrock.com
802-864-0217

Jesse D. Bugbee
[email protected]
www.kissaneassociates.com
524-9546 x17

Bob Rushford
[email protected]
www.gravelshea.com
802-658-0220

Timothy Eustace
[email protected]
www.gravelshea.com
802-658-0220

R. Prescott Jaunich
[email protected]
www.drm.com
802-863-2375

Diane M. McCarthy
[email protected]
www.sheeheyvt.com
802-865-6339

Michelle N. Farkas
[email protected]
www.gravelshea.com
802-264-3221


Commercial Real Estate Accounting

Justin G. Wicks
[email protected]
802-399-6993


Commercial Real Estate Cleaning

Conscious Cleaners VT
[email protected]
224-388-6788

Garret Sullivan
[email protected]
802-735-7198


Personal injury, criminal defense, divorce and family law.

Brooks McArthur
[email protected]
http://www.jarvismcarthur.com/brooks-mcarthur
802-658-9411


Commercial Real Estate building inspector

VIS Construction Consultants
Rich Wickman

[email protected]
http://www.viscc.com
802-355-1449


Commercial Real Estate financing resources

Opportunities Credit Union
Laz Manrique
[email protected]
http://www.oppsvt.org
802-495-5457

Vermont Economic Development Authority
Eun-Young Denny

[email protected]
http://www.veda.org
802-828-5020

Vermont Community Loan Fund
Becca Schrader

[email protected]
http://www.vclf.org
802-223-4424

People’s United Bank
David A. Estes

[email protected]
http://www.peoples.com
802-652-6156

NBT Bank, N.A.
Rob Roy
[email protected]
802-651-9788

Northfield Savings Bank
Wright Preston
[email protected]
802-871-4484

KeyBank
Kerry Lyons
[email protected]
802-735-1717

UnionBank
Curtis C. Swan – VP Commercial Loans
[email protected]
802-527-3208


Commercial Real Estate Insurance

The Essex Agency
John J Handy CIC

[email protected]
878-5334 ext 114

Williston Insurance Agency & Palmer Insurance Agency
Dave Palmer

www.palmerinsurancevt.com
[email protected]
802-879-0119

Cheeseman Insurance Group
Bernie Cummings, Jr.

www.cheesemaninsurance.com
[email protected]
802-861-4800 x105


Commercial Real Estate Fit Up

Jon LeBlanc
[email protected]
802-999-1779

Design/Build Construction
Lewis Creek Company
Natalie Beckwith
[email protected]
802-324-5540
www.lewiscreekcompany.com

Roger Paradis
[email protected]
802-343-4143

Walter M Adams, Jr.
[email protected]
802-734-0428

Scott Blair
802-324-6069

Bill Rublee
(Plumbing)
802-363-4930

Jay Mechanical
802-310-2645

Golden Consulting, LLC
Christine Golden
[email protected]
www.goldenconsultingllc.com
802-598-4782

My Project Concierge LLC
Jay Hoffman
[email protected]
999-7494


Commercial Real Estate Electrical

JFS Electric
Joel Snyder
[email protected]
802-999-1250


Commercial Real Estate Fire & Safety

D&M Fire and Safety
Travis Sicard
[email protected]
www.dmfiresafety.com
802-434-5005


Commercial Real Estate Environmental Engineering

KAS Environmental Science & Engineering
Jeremy Roberts
[email protected]
www.kas-consulting.com
802-383-0486

Waite-Heindel Environmental Management
Miles E. Waite, PhD
[email protected]
www.waiteenv.com
802-310-2979

Verterre Group
Martha Roy
[email protected]
www.verterregroup.com
802-654-8663

Trudell Consulting Engineers
Amanda Raab
[email protected]
www.tcevt.com
802-879-6331


Commercial Real Estate BRELLA Program

Trish Coppolino – Sites Management Section, Chief
Brownfields Program Manager

[email protected]
www.anr.state.vt.us/dec/wastediv/SMS/RCPP/Liability-Limitation.htm
802-249-5822


Commercial Real Estate Hazardous Sites list

ANR Environmental Research Tool
http://www.anr.state.vt.us/WMID/Hazsites.aspx


Commercial Real Estate Floor drains, UIC program

Cynthia A. Parks, PE
VT Department of Environmental Conservation

[email protected]
https://secure.vermont.gov/SOS/rules/display.php?r=226
http://drinkingwater.vt.gov/uic/pdf/uicfloordrainprocedure.pdf
802-338-4824


Commercial Real Estate Business Advisor

Steve Densham
www.vtsbdc.org
[email protected]
802-658-9228


Sales of Businesses

Bryan Ducharme
www.venture7advisors.org
[email protected]
802-489-7700 x801


Commercial Elevator Service

Access Mobility
Chad Dewyea
accessmobilityvt.com
[email protected]
802-878-7251


Commercial Real Estate Utility Locating Services

Subterra Vermont
www.subterravt.com
[email protected]
802-654-8663

Vermont Underground Locators
www.vtlocators.com
[email protected]
802-863-7113

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About Esther

Esther is a commercial real estate marketing professional, not an investor, Period. You’ll never be blindsided by Esther beating you to a sweet deal. And, your property will never have to compete against a listing owned by Esther.
Read More…

110 5-Star Google Reviews and Counting

Consumer Disclosure

If you are an unrepresented purchaser looking for properties for sale, please CLICK HERE to review the Vermont Real Estate Commission Mandatory Consumer Disclosure.

Testimonials

Esther was an incredible resource and a wealth of knowledge when we purchased and renovated our office building in Essex.  Without her expertise, connections, and process/industry knowledge, we would have hit many roadblocks and missed key deadlines.  I attribute our success navigating the process directly to Esther.
Chris KeslerOwnerEarthlogic / Logic Properties56 Main Street, Essex Junction
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