Broker tells me to verify zoning is appropriate for my business?
I recently inquired about a warehouse lease listing and the broker asked what I would be using the property for.  I’m in Denver and the listing stated no automotive or mmj. I had attempted to verify zoning but couldn’t find all the info I was looking for. The broker responded that he thought it would be ok but told me I needed to confirm this. Isn’t the whole purpose of having a real estate professional involved in the transaction between the owner and tenant to ensure items like this are vetted and there won’t be issues such as zoning compliance once the contract is signed? I’m assuming the owner could send an assistant or whomever if this role was to just show the property. If I was the owner and I was handed a contract to find out there was an issue like this I would hold the broker accountable
[{"id": "gf0loxp", "text": "Is your business super weird? I agree that a broker should be able to shed light unless it's really weird.", "replies": [{"id": "gf0ntu4", "text": "Shed light, yes. Definitively say that there won't be a lawsuit from neighbors or others opposing use? No. Only an attorney can say with somewhat certainty beyond a layman's reading.", "replies": [], "depth": 2}, {"id": "gf0q6az", "text": "Ya I may provide a potential some guidance or resources in most situations, but asking me or more so my client to represent a use, particularly in writing, as being approved by zoning is not going to happen.  Unless the tenant national credit and their counsel makes a big deal about this in lease negotiations.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gf0lrab", "text": "Just a wholesale business", "replies": [{"id": "gf0rsap", "text": "You need to reach out to the municipality that the facility is located within.  Specifically, the planning and zoning department.  They are usually happy to help.  \n\nIt is outside the typical scope of your brokers (if you have one) expertise to answer that question.  It is definitely outside the scope of a potential landlord\u2019s broker to provide you that information.  That person will not represent or warrant your use being acceptable to the municipality in almost any circumstance.", "replies": [{"id": "gf1sgc6", "text": "This, a simple zoning letter from the local gov will let you know. Shouldn't take more than a week.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gf0m1i9", "text": "Perhaps, but the Broker isn\u2019t going to be doing your DD for you since he\u2019s a LL rep. Call the municipality to get confirmation your use is permitted under the current zoning.", "replies": [], "depth": 1}, {"id": "gf0mmfz", "text": "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.\n\nAlso, 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.", "replies": [], "depth": 1}, {"id": "gf0n8vt", "text": "Brokers are generally taught to point you towards the applicable zoning ordinances without actually explicitly claiming anything. \n\nMaking a definitive declaration on a legal gray area could compromise them down the road. That\u2019s how I interpret it at least.", "replies": [], "depth": 1}, {"id": "gf0nhhy", "text": "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. \n\nVery common for landlord's to refuse to say in the lease that a use is by-right for the same reason.", "replies": [], "depth": 1}, {"id": "gf0npmp", "text": "Your broker is not a zoning attorney.", "replies": [{"id": "gf0qd7y", "text": "Not OPs broker.  OPs prospective LLs broker.", "replies": [], "depth": 2}], "depth": 1}, {"id": "gf0oa2w", "text": "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.", "replies": [], "depth": 1}, {"id": "gf0oq5y", "text": "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. \n\nOn 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.", "replies": [{"id": "gf0rc72", "text": "In many cases, you will be surprised how easy and fast it is to get feedback from the planning and zoning department.  This relies entirely on the municipality, but many are great to work with.", "replies": [{"id": "gf0sysq", "text": "totally agree.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gf0pgkd", "text": "The whole purpose of a broker is not to help you with zoning laws. You should do your own DD or hire an architect.", "replies": [{"id": "gf1iy1l", "text": "Why would I contact an architect?", "replies": [{"id": "gf1xadc", "text": "They often know the zoning well because they help so rezones depending on county. Some counties are very zoning lawyer focused.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "gf0uund", "text": "Even if they did reassure you it was fiiiine.\n\nDo your own work, and hire our own rep. This is just the beginning. Next is lease negotiation.", "replies": [], "depth": 1}, {"id": "gf0y3ke", "text": "Never expect your broker to do your due diligence.\n\nEven if they tell you something, confirm it.\n\nThere job is to help you find real estate... And maybe navigate the contracts, but even that is best done by a lawyer.  \n\nA good broker finds you a good deal, that should be enough.", "replies": [], "depth": 1}, {"id": "gf0zj22", "text": "Zoning isn\u2019t enough for allowing your business type. The building itself could be built as a different type which won\u2019t allow everything the zoning would. Also the building HOA (if industrial condo) can limit the uses. My HOA doesn\u2019t allow marijuana or automotive even though we are I-1. Allows pretty much everything\nEdit: also in Denver", "replies": [], "depth": 1}, {"id": "gf108uh", "text": "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.  \n\nAnd 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.", "replies": [], "depth": 1}, {"id": "gf1g0r8", "text": "In my town a commercial site plan is approved for a specific use, and we require notification when the use changes.  And if the change is significant an amendment to the site plan may be required.  Questions come up regarding hazardous materials, noise and business hours, and traffic.  Most changes are approved (sometimes with a bit of compromise), but occasionally there's something that is allowed by zoning that isn't suitable for a particular site.", "replies": [], "depth": 1}, {"id": "gf1ncv3", "text": "Land use lawyer here. You need to do your own dd. Zoning is hugely important.", "replies": [], "depth": 1}, {"id": "gf1s60l", "text": "You're not paying the broker the LL is and they're repping the LL. I'm a land broker and although I always looks at the zoning ordinance I never make a guarantee that something is a by right use, I'll say I believe it is but it's on you to confirm with the county, we're not allowed to make legal claims and in my opinion this counts as a legal claim. \n\n\nAs far as finding it out, you can either google 'relevant county zoning ordinance' then find the zoning section and look for the use table or you can call the county zoning office and ask them directly. Make sure you talk about the address with them so they can tell you if there are any overlays or extenuation circumstances on the property as well.", "replies": [], "depth": 1}, {"id": "gf2507b", "text": "I will always tell them what the use chart says and what I think might be permitted in the zoning based off what I'm reading, but always have them call city for confirmation. Since I do not work for the city, I can not be an authoritative source for such a question. Even if I call the city myself and get a definite answer then tell the prospect, what happens is they didn't listen to what I said and heard what they wanted to say, then the prospect calls yelling at me because they didn't listen and are now blaming me. Best to just let you gather your own information directly from the horse's mouth then no way will I be liable if you sign a lease on a space you can't even get your CO for", "replies": [], "depth": 1}, {"id": "gf2ciqg", "text": "I would call either the City Planner if your property is within city limits. If it\u2019s outside city limits, call your County\u2019s property assessor records.", "replies": [], "depth": 1}, {"id": "gf3roj4", "text": "Many communities have standard forms for these inquiries. Call your town or city to find out what it's called where you live. Where I live it's called **zoning verification and verification of flood zone.** It's usually the first for the listing agent fills out so that there is no question about the legal zoning and uses, but if the seller hasn't done it already, it's no big deal to do it yourself. Here it's free, takes about a week and reliably confirms zoning and flood info is useful for future insurance.", "replies": [], "depth": 1}, {"id": "gf4f6lz", "text": "Owners typically tell brokers not to verify permitted uses. It\u2019s not something they are willing to confirm in the event that they wrong. You should have an attorney review your lease before signing it. The owner would not want to sign a lease with a company that can\u2019t even operate in the space (bad business for everyone and a waste of everyone\u2019s time) but can\u2019t commit to guaranteeing your use either. You may want to hire a broker to represent you as well. In most markets the landlord will pay their fees, so it\u2019s in your interest to have a broker working for your interests, as opposed to just a listing broker who is working for the landlord\u2019s interest. Hope you find the right space for you!", "replies": [], "depth": 1}, {"id": "gfcxir0", "text": "Does the agent represent you? If so he doing a shitty job", "replies": [], "depth": 1}]