Mesa Commercial Real Estate Lawyers

Mesa Commercial Real Estate Lawyers, AZ

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Commercial Real Estate Law in Arizona

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

The laws regulating real estate in Mesa, Arizona apply differently when dealing with commercial, as opposed to residential, real estate.

When renting or buying residential real estate, renters and buyers have substantial legal protections which often don't apply to commercial real estate.

For instance, residential real estate is controlled 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 usually 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 Mesa, Arizona

Financing: The majority of small business owners in Mesa, Arizona probably can't afford to buy much real estate outright, with cash paid up front, so most small business buy commercial real estate with a mortgage. A mortgage is a loan taken out for the purpose of buying real estate, using that real estate as collateral for the loan.

Disclosure of Defects: Sellers of real estate have an requirement to inform prospective buyers of any defects present in the property, such as water damage and other structural problems. Essentially, if the defect is significant enough that it might affect a reasonable buyer's decision on whether or not to purchase the property, and the seller knows about it, it must be disclosed. Failure to disclose such defects would give a buyer the right to sue the seller, and recover substantial damages, including the cost of repairing the defect, compensation for any injuries or illness caused by it, and the reduction in the property's value caused by the defect.

Duty to Inspect: Lest you believe that the duty to disclose defects relieves any duty of diligence on the part of the buyer, the law will not reward such lapses with a major cause of action. Buyers have a duty to conduct a reasonable inspection of the property before they buy it, typicallyy with a licensed building inspector. If the buyer fails to do this, they won't be able to recover any damages for defects which they could have discovered through a reasonable inspection.

Encumbrances: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Mesa, Arizona, an encumbrance is an interest in a piece of real estate held by a third party, such as covenants or easements. An easement is a right held by someone to use the property of someone else for a specific purpose. For instance, a person might have an easement on the land of another person, allowing them to cross the land to access a public road.

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Can a Mesa, Arizona Attorney Help?

These issues can be very complicated, and most people consider such financially-weighty decisions to be very critical. If you are one of those people, it's a smart move to contact a Mesa, Arizona real estate attorney if you are facing any of the issues discussed above.

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Life in Mesa

Mesa is a Maricopa County city that's home to 440,000 Arizona residents. That population earns Mesa the title of 3rd largest city in the state behind nearby Phoenix and Tucson. Mesa serves as a ?bedroom community' meaning that many Mesa residents work in nearby cities. One positive thing about the bedroom community is that a number of good schools in the area like the Maricopa Community College. It's the largest of any Maricopa County Community Colleges. Arizona state University and A.R. Still University both operate small campuses in Mesa. Mesa Public Schools are the top employer although Banner Health and Boeing both have strong installations together employing over 12,500. Boeing actually produces the Apache AH-64 attack helicopter at a facility adjoining Falcon Field.

Mesa hosts the WAC Baseball Tournament and the Chicago Cubs spend spring training playing Cactus League games at HoHoKam Park. The upscale Fiesta Mall on the Westside of Mesa offers outstanding shopping for locals and tourists alike. However, Mesa Riverview on the Northside of the city boasts funky stores and eateries like Toby Keith's I Love This Bar & Grill. METRO Light Rail, local freeways like local U.S. Route 60, and a number of local airports service Mesa's commuters.

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