Scottsdale Commercial Real Estate Lawyers

Scottsdale Commercial Real Estate Lawyers, AZ

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Commercial Real Estate Law in Arizona

In Scottsdale, 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 Scottsdale, Arizona apply differently when dealing with commercial, as opposed to residential, real estate.

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

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 Scottsdale, Arizona

Financing: The majority of small businesses in Scottsdale, Arizona can't afford to make large real estate purchases with the money they have in the bank. Nonetheless, buying real estate is sometimes necessary for a business' survival. This problem is sometimes remedied by taking out a mortgage; a loan used to buy property, with that same property being used to secure 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 considerable 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: 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: 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 Scottsdale, Arizona, 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 specific 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.

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Can a Scottsdale, Arizona Attorney Help?

Because of the importance and potential complexity of the issues surrounding commercial real estate, it's almost always judicious that, before engaging in any real estate deal, you obtain the counsel of a good Scottsdale, Arizona real estate attorney.

Commercial Real Estate Attorneys in the Largest AZ Cities

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Life in Scottsdale

Located in Maricopa County, Scottsdale is truly one of the desert state's gems. With a population of 245,000 the sizeable city is a vacation destination for many people across the country. Not surprisingly, Scottsdale has more spas than any other city in the country, a number that sees spa-seekers visiting the city year round for some much needed rest and relaxation.

Scottsdale is often described as the "South Beach in the desert" because of the busy nightlife scene and many luxury hotels that the Arizona city has to offer. And what nightlife is complete without many of the nation's top cities to serve the clientele before their night on the town. Scottsdale sits in the middle of two other popular Arizona cities -- Phoenix and Paradise Valley.

Scottsdale is also famous for the many golf courses the city has to offer beginners and professionals. In fact, the Robb Report dubbed Scottsdale "The Best City to Live in for Golf." In addition to golf, Scottsdale is home to many professional and minor league sports teams. The Arizona Cardinals (NFL), Phoenix Suns (NBA), Phoenix Coyotes (NHL), and Arizona Diamondbacks (MLB) all call Scottsdale home. 

Scottsdale also has some college charm as it is home to Arizona State University. The Sun Devils have a great law school that produces many of Scottsdale's top lawyers. WIth a city of this size, Scottsdale lawyers are skilled in a range of practice areas to serve their clientele ranging from professional athletes, to a citizen with an everyday legal question.

Scottsdale is a wonderful city to work, play, and relax in and the desert climate makes it a great place to be any month of the year!

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