Belmont Commercial Real Estate Lawyers

Belmont Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In Belmont, California, "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 Belmont, California apply differently when dealing with commercial, as opposed to residential, real estate.

Buyers and renters of residential property enjoy some pretty considerable 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 various 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 Belmont, California

Financing: Most small business owners in Belmont, California don't have the money to buy real estate with the cash on hand. Nonetheless, there is a solution to this problem, permitting people without massive sums of money (but with a steady income) to buy real estate: the mortgage. A mortgage is a loan used to buy real estate, and the real estate being bought is used as collateral for the loan.

Concealment of Defects: if the seller of commercial property acts to conceal a significant defect in the property, and then sells the property, he will be accountable for any harm this defect cause, as well as the reduced value of the property, or the cost of repair.

Duty to Inspect: While buyers of real estate have some considerable 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 normally won't be able to successfully sue, if defects are discovered after the purchase.

Encumbrances: An encumbrance is some small ownership interest in land held by a third party, or some right held by a third party to restrict the use of a parcel of land. A frequent encumbrance is an easement. In Belmont, California, an easement is some right of some third party to make limited use of land owned by someone else. For instance, cable companies often purchase easements from property owners (or they are imposed by the government) allowing them to string cable wiring from the telephone wires on the street to nearby houses. Like any other property right, the holder of an easement can prevent others from interfering with it. Obviously, if a buyer doesn't know about an encumbrance on a piece of land, he might find that he's unable to make the use of the land that he was expecting.

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Can a Belmont, California Attorney Help?

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

45 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Belmont

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Life in Belmont

Belmont, California is a city in San Mateo County, in the southern portion of the San Francisco Bay Area. It currently has a population of about 25,000 people.

Belmont is known for having one of the most restrictive set of anti-smoking laws in the U.S. In Belmont, smoking is prohibited in all public parks, all workplaces, and all multistory apartment buildings. The law largely owes its existence to lobbying by a group of retirees who were concerned over the health effects of secondhand smoke drifting into their retirement community from outside. While the law is not particularly popular among smokers, non-smokers and public health organizations are overwhelmingly in favor of it.

Because this law imposes new regulations on landlords and business-owners, the lawyers of Belmont, California sometimes have to advise those parties about complying with the law, providing them with a good amount of business.

So, if you live in Belmont, California and are in need of a lawyer, you're in luck. There are plenty of successful and experienced Belmont, California attorneys who can help you with almost any legal issue.

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