Elyria Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Elyria, OH

Commercial Real Estate Law in Ohio

Commercial Real Estate Law in Elyria, Ohio is any form of land or permanent structure which isn't utilized for residential or industrial purposes, and is instead used for a business involving the buying and selling of goods or services.

The Elyria, Ohio laws regulating commercial real estate differ significantly from the laws that cover residential and other types of 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 Elyria, Ohio

Financing: Many businesses in Elyria, Ohio 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.

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 typical, 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.

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: An encumbrance is any interest held in a piece of property by a party other than the seller and the buyer. These property interests might make it very difficult for the buyer to use the land as they intended when they bought it. A common type of encumbrance in Elyria, Ohio is the easement. An easement is some right that a third party has in a piece of property. For example, suppose that, many years ago, a neighbor adjacent to the land you want to buy, paid a previous owner for the right to cross his land to reach a public road. Unless the agreement states otherwise, this right will usually apply to subsequent owners, and has to be honored. Therefore, it might interfere with the intended use of the new owner.

Can a Elyria, Ohio Attorney Help?

These issues are sometimes perplexing, and almost always very important. Therefore, it's essential to seek the assistance of an Elyria, Ohio real estate attorney if you have any dealings in this area.

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Life in Elyria

Elyria, Ohio is a city located in Lorain County, of which it is the county seat. It has a population of about 55,000 people. Elyria was founded in 1817 by its namesake, Herman Ely. In 1908, Elyria Memorial Hospital opened, and it has since grown into a regional healthcare system which has won several awards for quality of care. Modernly, Elyria is a popular destination among visitors who enjoy outdoor activities. It boasts a very large number of parks, including Cascade Park, which is the larges and, by far, most popular park. It is home to the scenic East Falls, which are part of the Black River. Cascade Park is a popular sledding spot in the winter, and a good location to view the annual Independence Day fireworks display. Elyria, Ohio, in addition to sporting many locally-owned businesses, is home to the world headquarters of several major corporations, including BASF and Invacare. If you live in the area, and find yourself in need of an Elyria, Ohio lawyer, there's a good chance that at least one of the lawyers in Elyria, Ohio can help you.

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