Del Mar Commercial Real Estate Lawyers

Del Mar Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In Del Mar, 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 Del Mar, 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.

Several 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 general protections, nonetheless, 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 Del Mar, California

Financing: The majority of small businesses in Del Mar, California 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: 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, normallyy 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: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Del Mar, 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 particular 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 Del Mar, California Attorney Help?

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

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Life in Del Mar

Del Mar is located in San Diego County, California. With a smaller population of about 4,500, Del Mar is an upscale city known for its beautiful beaches and legendary surfing.  The name "Del Mar" means "by the sea" or "of the sea", as it is located directly on the Pacific Coast.  The city was mentioned in the Beach Boys hit song, "Surfin' USA". 

Del Mar is home to several beaches which are known as excellent surfing spots.  In particular, 15th Street Beach in Del Mar was listed as #4 on Time Magazine's list of "100 Greatest Beaches in the World".  Other beach sites include Torrey Pines State Beach and North Beach, affectionately known as "Dog Beach" by the many dog owners who frequent the area.

Del Mar, California is also famous for being the home to the annual San Diego County Fair.  The fair is one of the most popular summer fairs in all of California and is held at the Del Mar Fairgrounds.  The Fairgrounds also houses the Del Mar Racetrack.  In addition to the world-class beaches at Del Mar, the area is an excellent site for employment, with top hirers such as Kitchen 1540 and Pacifica Del Mar.

Lawyers in Del Mar, California handle a variety of different legal claims and disputes.  Legal inquiries can be directed to an experienced Del Mar lawyer.  Del Mar lawyers typically represent clients at the nearby Superior Court of California, County of San Diego.

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