Fort Wayne Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Fort Wayne, IN

Commercial Real Estate Law in Indiana

In Fort Wayne, Indiana, commercial real estate is any type of real property (land or permanent structures) being used for business purposes.

The laws in Fort Wayne, Indiana which control commercial real estate differ substantially from the laws governing the rental and purchase of residential real estate.

People who buy and rent residential unites have a larger deal of legal protections not available to buyers of commercial property.

For instance, residential real estate is governed by laws concerning rent control, living conditions, and other things relevant to buildings where people will be living. Most of these protections don't apply to commercial real estate, because the law assumes that the average business person is a bit more sophisticated in such dealings than the general population, and because a place to do business is typically less important than a place to live. However, the most basic protections, such as protection from fraud and deliberate concealment of defects, still apply.

Common Commercial Real Estate Law Issues in Fort Wayne, Indiana

Financing: Many businesses in Fort Wayne, Indiana 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 problem, most rely on a mortgage. A mortgage is a common 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.

Concealment of Defects: Sellers and lessors of commercial real estate are under a duty to disclose any defects in the property which might impact the buyer's decision to purchase it, such as water damage, mold, or other structural problems. These defects are quite common, and the buyer has a right to know about them. If the seller doesn't disclose these defects, where they exist, the buyer can sue for any harm this causes.

Duty to Inspect: Buyers of commercial real estate are expected to be diligent, and a court will not reward a lack of diligence. Thus, if the buyer fails to conduct a thorough inspection of the property before buying it, and thereby fails to discover defects which such an inspection could have easily revealed, he will not be able to sue the seller over these defects later on.

Encumbrances: Undisclosed encumbrances are defects of another sort: defects of title. An encumbrance is any interest that a third party has in the Fort Wayne, Indiana commercial real estate. These normally take the form of easements, which are rights held by third parties to use the land for a specific purpose. Easements can have profound effects on how a new owner can use the land, so it is important to know about them before buying.

Can a Fort Wayne, Indiana Attorney Help?

These issues are sometimes difficult, and almost always very important. Therefore, it's necessary to seek the assistance of a Fort Wayne, Indiana real estate attorney if you have any dealings in this area.

Talk to a Real Estate Law Attorney now!

Life in Fort Wayne

Fort Wayne, Indiana gives visitors the small-town feel that makes Indiana so great. Along with the small town community-feel, Fort Wayne has a lot of things for visitors to do.

For the nature lovers, they can visit Foellinger-Freimann Botanical Conservatory, which is famous for the display of beautiful plants, shopping, and family outings. Another site great for family outings is the Fort Wayne Children's Zoo, which includes great restaurants and cafes and wonderful exhibits of animals!

Sports lovers will have their sports-loving needs catered to with the Fort Wayne TinCaps Baseball Stadium and Parkview Field. The nature lovers have Rivergreenway Trail, and Headwaters Park.

Other popular attractions include Hoosier Park Racing Casino for the adventurous risk-takers, Fort Wayne Civic Theatre for those who love shows, and Veterans Memorial National Shrine, which holds over 5,000 artifacts from the Civil War for all the visitors who are history-buffs.

Fort Wayne is also filled with many small to medium sized law firms who practice in all areas of law. Thus, Fort Wayne citizens do not have to travel far to receive personalized and effective legal representation.

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