Concord Commercial Real Estate Lawyers

Concord Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In Concord, 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 Concord, 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.

Some of the protections that don't apply to commercial property include warranties of habitability, rent control, and warranties of quiet enjoyment. There are others, as well. The most basic protections, however, apply to buyers of both residential and commercial real estate, including remedies for fraud and concealment of physical or title defects.

Common Commercial Real Estate Law Issues in Concord, California

Financing: The majority of small business owners in Concord, California probably can't afford to buy much real estate outright, with cash paid up front, so most small business purchase 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.

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: 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: An encumbrance is any interest held in a piece of property by a party other than the seller and the buyer. These property interests might make it very challenging for the buyer to use the land as they intended when they bought it. A typical type of encumbrance in Concord, California is the easement. An easement is some right that a third party has in a piece of property. For example, suppose that, many years ago, a neighbor adjacent to the land you want to buy, paid a previous owner for the right to cross his land to reach a public road. Unless the agreement states otherwise, this right will usually apply to subsequent owners, and has to be honored. Therefore, it might interfere with the intended use of the new owner.

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Can a Concord, California Attorney Help?

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

249 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in Concord

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Life in Concord

Concord, California is the largest city in Contra Costa County, California. It has a population of over 122,000 people, making it one of the largest suburbs in the San Francisco Bay Area. 

Concord was founded in 1869, and was originally named "Todos Santos," meaning "All Saints." Adjacent to Concord, California is Port Chicago - a major Navy supply depot. In 1944, it was the site of one of the biggest naval disasters to ever occur on the U.S. mainland. Sailors were loading munitions onto a large cargo ship. 

The munitions on the ship detonated, causing a massive explosion, killing 320 sailors and civilians - most of them African-American. This led to over 200 African-American sailors refusing to load munitions due to unsafe working conditions, resulting in the largest mutiny trial in U.S. Navy history, in which 50 men were convicted. Thurgood Marshall, a lawyer and future Supreme Court justice, sat in on most of the proceedings and claimed that they were prejudiced against the defendants. The men were sentenced to long prison terms, but were released after a few years. These events led to the Navy hastening its desegregation plans, and making efforts to improve working conditions.

Several lawyers from in and around Concord, California were likely involved in these proceedings.

If you live in Concord, California, and are in need of legal advice, the lawyers of Concord, California can help. A Concord, California attorney can probably assist you with virtually any legal issue you're likely to face.

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