Menlo Park Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Menlo Park, CA

Commercial Real Estate Law in California

In Menlo Park, California, "commercial real estate" is any form of land or building which is utilized for a business, as opposed to residential, purpose.

The laws governing commercial real estate in Menlo Park, California are quite different from those applying to residential real estate.

Buyers and renters of residential property enjoy a large number of legal protections. Many of these protections don't apply to buyers or renters of commercial property.

These include implied warranties of habitability, rent control, and covenants of use and quiet enjoyment, among numerous others. Of course, the most general protections, such as prohibiting the seller from actively concealing defects, apply to both.

Common Commercial Real Estate Law Issues in Menlo Park, California

Financing: Many businesses in Menlo Park, California can't save up enough money to pay the full asking price of a decent-sized piece of real estate up front. Nonetheless, it's sometimes necessary for businesses to acquire real estate. To solve this issue, most rely on a mortgage. A mortgage is a typical type of loan, taken out to purchase real estate. The lending institution lends the full purchase price to the borrower, who then purchases the property. The property, in turn, becomes collateral for the loan, which must be paid back over a period of years, with interest.

Duty to Disclose Defects: It is of the utmost importance that sellers and lessors of commercial real estate be up front about any defects that might be present in the property. Failing to disclose them can be bad, and actively concealing them can be much worse. In general, if a defect is significant enough that it would influence a reasonable person's decision to buy a piece of property, and the seller knows about it, the seller should disclose it. Failure to disclose can have significant consequences. If the buyer later discovers the defect, they can sue for the cost of repairing it, or for any reduction in the property's value caused by it. And, of course, if it causes any injuries, the buyer can sue the seller for those, as well.

Buyer's Duty to Inspect: generally, buyers of commercial real estate are expected to inspect the property before buying it. A failure to do so might prevent the buyer from prevailing in a lawsuit if he is harmed by physical defects that an inspection would have revealed, and that the seller didn't know about.

Encumbrances: These are defects to title, rather than physical defects. They are legal issues which might make it challenging or impossible for a landowner to make full use of their land. In Menlo Park, California, these might include easements. An easement is a right to use property held by a party other than the owner. This use is often very set in scope, such as allowing the holder of the easement to cross the property to access a public road, or something similar. Such rights usually have to be recognized and honored by new owners, so if they buy property not knowing about them, they might be seriously inconvenienced.

Can a Menlo Park, California Attorney Help?

Because of the importance and potential complexity of the issues surrounding commercial real estate, it's almost always recommended that, before engaging in any real estate deal, you seek the counsel of a good Menlo Park, California real estate attorney.

Talk to a Real Estate Law Attorney now!

Life in Menlo Park

Menlo Park, California is a city in San Mateo County, in the southern portion of the San Francisco Bay Area, commonly known as "Silicon Valley," due to the large number of high-tech companies located in the area. Menlo Park currently has a population of about 32,000 people.

Menlo Park first got its name in the 1850s, when some of the original settlers to found the city named it after Menlo, Ireland, their hometown. Many people assume that, because Menlo Park is home to many innovative high-tech companies, it is named after Menlo Park, New Jersey, where inventor Thomas Edison did much of his work. However, the name predates much of Edison's work, and the fact that both cities are known for technological innovation and share the same name is a coincidence.

Many large law firms have offices in Menlo Park, thanks to the presence of a large number of high-tech companies.

Thanks to its vibrant and sophisticated business environment, there are many Menlo Park, California attorneys who can handle a wide range of complex cases. If you are in need of legal services, there's almost certainly at least one Menlo Park, California lawyer who can help you with whatever legal issue you might face.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA