You can use your branded entity to make offers via a Letter of Intent (LOI). When your LOI is accepted, you create the Purchase & Sale Agreement (PSA). The buyer listed on the PSA is “your branded entity and/or assignees.”
You won’t create an entity to take title to a commercial property until after the PSA is accepted and you have conducted sufficient due diligence to know you are going forward with the purchase. The lender will require that you use a newly formed entity to take title to the property, whose sole purpose is to buy that property and to be the borrower on the bank loan. This is typically the syndicated entity.
You shouldn’t be using a real estate broker’s purchase contract for commercial property, as that only protects the broker (and their right to a commission) and not you as the buyer. You should hire a commercial real estate attorney to draft the actual PSA (versus using the agent’s version), as they can create an assignable contract and they can also include provisions that will protect you from seller misrepresentations or bad acts. They also can include financing contingencies that will allow you to get out of the contract if you can’t get the bank loan or raise sufficient capital.
