Fontana Commercial Real Estate Lawyers

Fontana Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In Fontana, 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 Fontana, 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.

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 Fontana, California

Financing: Many businesses in Fontana, California can't save up enough money to pay the full asking price of a decent-sized piece of real estate up front. Nonetheless, it's sometimes necessary for businesses to acquire real estate. To solve this issue, most rely on a mortgage. A mortgage is a typical type of loan, taken out to purchase real estate. The lending institution lends the full purchase price to the borrower, who then purchases the property. The property, in turn, becomes collateral for the loan, which must be paid back over a period of years, with interest.

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 significant 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 significant 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: This is a companion to the duty to disclose defects. Usually, buyers of real estate are expected to inspect the property. If they fail to conduct a good inspection, they might not be able to recover damages if they are harmed by any defects which an inspection would have revealed.

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 Fontana, 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 Fontana, California Attorney Help?

Because of the complexity and importance of many of the issues regarding commercial real estate, it is almost always imperative to consult with a Fontana, California attorney before buying or selling commercial real estate.

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Life in Fontana

Fontana, California is known as a central hub for the trucking industry because Interstate 10, State Route 210 and Interstate 15 surround it.  Fontana lies in San Bernardino County, California.  The area is famous for its history, with a historic regional park, theater, and the Kaiser Steel Mill.  Alongside history, Fontana is also home to runners all over California because Fontana hosts the Fontana Days Half Marathon and the 5K run.  This race is known all over the world as the fastest marathon course!

Fontana is home to approximately 196,069 residents, which includes a diverse population of African Americans, Caucasians, Native Americans, Asians, Pacific Islanders, and Latinos.  With so many people, naturally Fontana would offer many cultural, sports, and recreation activities.  These activities include the Center Stage Theater, Art Depot, Auto Club Speedway and Fontana Park. 

Fontana's main industry is the trucking industry.  Therefore the city is home to many truck dealerships and equipment sales centers.  Legal services are available to support this industry via small law offices in Fontana that have excellent attorneys.  For larger firms or extensive legal representation, the industry and residents of Fontana have available the many law firms that are located in nearby Ontario and Rancho Cucamonga. 

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