Fresno Commercial Real Estate Lawyers
Commercial Real Estate Law in California
In Fresno, 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 Fresno, 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.
For instance, commercial real estate typically isn't covered by rent control laws, nor does it carry with it an implied warranty of habitability (because people usually won't be living in it). Furthermore, it also doesn't come with a covenant of quiet enjoyment. However, some of the most basic legal protections (such as laws against fraud, and concealment of defects) apply in both the commercial and residential context.
Common Commercial Real Estate Law Issues in Fresno, California
Financing: The majority of small business owners in Fresno, California probably can't afford to buy much real estate outright, with cash paid up front, so most small business buy 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.
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 responsible 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 substantial 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 typically won't be able to successfully sue, if defects are discovered after the purchase.
Encumbrances: These are defects to title, rather than physical defects. They are legal issues which might make it challenging or impossible for a landowner to make full use of their land. In Fresno, California, these might include easements. An easement is a right to use property held by a party other than the owner. This use is often very specific in scope, such as allowing the holder of the easement to cross the property to access a public road, or something similar. Such rights usually have to be recognized and honored by new owners, so if they buy property not knowing about them, they might be seriously inconvenienced.
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Can a Fresno, California Attorney Help?
The issues surrounding commercial real estate in Fresno, California can get fairly complex. Therefore, it's never a bad idea to have the assistance of an efficient commercial real estate attorney.
Commercial Real Estate Attorneys in the Largest CA Cities
Life in FresnoFresno is the seat of Fresno County, California and home to over 500,000 residents. As the largest city in the San Joaquin Valley, the Fresno Metropolitan area plays host to 1.2 million. Fresno is Spanish for ash tree. The ash tree's leaf is even featured on the City of Fresno flag. Many locals are work on large scale agricultural farms that produce many fruits and nuts distributed throughout the world. Community Medical Centers, the City of Fresno, Kaiser Permanente, and the Saint Agnes Medical Center are other major employers. Another major employer and attraction to Fresno is California State University, Fresno.
Fresno is host to a number of important Courts. The United States Courthouse for the Eastern District of California is located downtown and handles a number of Federal cases like Immigration issues. The Fresno County Court is responsible for many of the cases that arise in Fresno including Criminal cases like assault and DUI as well as Civil cases like personal injury. The Fifth Appellate District of the State of California Court of Appeals handles any criminal appeals. The San Joaquin College of Law is one of the local law schools serving potential Fresno lawyers.