Huntington Beach Commercial Real Estate Lawyers
Commercial Real Estate Law in California
In Huntington Beach, 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 Huntington Beach, 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.
For instance, commercial real estate normally isn't covered by rent control laws, nor does it carry with it an implied warranty of habitability (because people typically 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 Huntington Beach, California
Financing: The majority of small businesses in Huntington Beach, 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.
Concealment of Defects: Sellers and lessors of commercial real estate are under a duty to disclose any defects in the property which might impact the buyer's decision to purchase it, such as water damage, mold, or other structural problems. These defects are quite typical, and the buyer has a right to know about them. If the seller doesn't disclose these defects, where they exist, the buyer can sue for any harm this causes.
Duty to Inspect: Buyers of commercial real estate are expected to be diligent, and a court will not reward a lack of diligence. Thus, if the buyer fails to conduct a thorough inspection of the property before buying it, and thereby fails to discover defects which such an inspection could have easily revealed, he will not be able to sue the seller over these defects later on.
Encumbrances: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Huntington Beach, 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 Huntington Beach, California Attorney Help?
Because of the importance and potential complexity of the issues surrounding commercial real estate, it's almost always recommended that, before engaging in any real estate deal, you obtain the counsel of a good Huntington Beach, California real estate attorney.
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Life in Huntington Beach
Sun, check. Surf, check. Shopping, check. Huntington Beach, California is the quintessential southern California beach town. Known for its 8.5 miles of sandy beaches, Huntington Beach is appropriately nicknamed "Surf City."
With a population just under 200,000 residents, Huntington Beach is both a popular place to live and a popular place to visit. Because of its laid-back beach lifestyle, it is also a popular place for many companies such as Quicksilver, Boeing, and Verizon. There are also many lawyers in Huntington Beach ready to serve the legal needs of their clients. Huntington Beach lawyers are some of the best at what they do. And no, Huntington Beach lawyers do not wear wetsuits to work.
Huntington Beach tourism is almost exclusively devoted to its beachy atmosphere, hosting events such as the U.S. Surfing Open, AVP tournaments, and triathalons. Huntington Beach also has many artistic events to offer visitors. The Bolsa Chica Wetlands, an ecological reserve known for its trails and scenic stops is also a hallmark of Huntington Beach.
So whether it is great weather, great lawyers, or a great wave, Huntington Beach has it all and more.