Bakersfield Commercial Real Estate Lawyers
Commercial Real Estate Law in California
In Bakersfield, California, "commercial real estate" is any type of land or building which is used for a business, as opposed to residential, purpose.
The laws governing real estate in Bakersfield, California apply differently when dealing with commercial, as opposed to residential, real estate.
Buyers and renters of residential property enjoy some pretty substantial legal protections, because the law of most states presumes that shelter (being necessary to survive, for the most part) is more important than business. Therefore, many of these consumer protections don't apply to commercial real estate.
These include implied warranties of habitability, rent control, and covenants of use and quiet enjoyment, among several others. Of course, the most basic protections, such as prohibiting the seller from actively concealing defects, apply to both.
Common Commercial Real Estate Law Issues in Bakersfield, California
Financing: The majority of small businesses in Bakersfield, California can't afford to make large real estate purchases with the money they have in the bank. Still, buying real estate is sometimes imperative 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.
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 serious 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 serious results. 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.
Duty to Inspect: While buyers of real estate have some substantial protections with respect to defects, they also have some obligations. Before finalizing a purchase, buyers are expected to undertake a reasonable inspection of the property, usually by using a licensed building inspector. If the buyer fails to conduct an inspection, they typically won't be able to successfully sue, if defects are discovered after the purchase.
Encumbrances: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Bakersfield, California, 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 example, 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 Bakersfield, California Attorney Help?
These issues are sometimes confusing, and almost always very important. Therefore, it's imperative to seek the assistance of a Bakersfield, California real estate attorney if you have any dealings in this area.
Commercial Real Estate Attorneys in the Largest CA Cities
Life in BakersfieldBakersfield, California is a city of over 300,000 people, located in Kern County, roughly at the midpoint between Los Angeles and Fresno. Bakersfield is considered one of the sunniest places in the United States.
Bakersfield, California's economy mostly revolves around oil and agriculture. Its other sectors largely operate in support of those major industries. In fact, Kern County is the most oil-productive county in the U.S. - and is responsible for about 10% of America's domestic oil production. Kern County is also one of the most agriculturally-productive regions in the United States, and is particularly well-suited for growing grapes, citrus fruit, roses, and almonds. Needless to say, Bakersfield is, and will continue to be, a very important part of America's economy.
More recently, however, other industries (such as manufacturing) have moved into Bakersfield, California, thanks to an abundance of inexpensive land.
In addition to the steady economic stimulus provided by industry, Bakersfield, California, has another relatively stable economic lifeline: a large four-year university. California State University, Bakersfield has approximately 7,800 students, from all over California, and the country.
It should go without saying, then, that there is no shortage of Bakersfield, California lawyers. Whatever legal issue you or a loved one might be facing, a Bakersfield, California lawyer can help.