Berkeley Commercial Real Estate Lawyers

Berkeley Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In Berkeley, 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 Berkeley, 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 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 Berkeley, California

Financing: Most small business owners in Berkeley, 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.

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.

Buyer's Duty to Inspect: usually, 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 injured by physical defects that an inspection would have revealed, and that the seller didn't know about.

Encumbrances: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Berkeley, 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 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 Berkeley, California Attorney Help?

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

181 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Berkeley

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Life in Berkeley

Berkeley, California is a city in Alameda County, California. Its population is currently about 113,000 people. Berkeley, California is located on the Eastern shores of the San Francisco Bay Area.

Berkeley, California is known for being home to the University of California, Berkeley, which is considered one of the top public universities in the United States.

Berkeley is also known as being a major center of mostly-liberal social activism. 

The economy of Berkeley, California is based almost entirely around the university. However, because UC Berkeley is a major center of scientific research, as well as the liberal arts, it employs a very large number of scientists and engineers, as well as noted luminaries in the liberal arts, such as lawyers and law professors.

The University of California, Berkeley School of Law is ranked as one of the top 5 law schools in the United States, and has produced some incredibly successful lawyers.

If you live in or near Berkeley, California and need legal advice, chances are good that a Berkeley, California attorney can help.

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