San Diego Commercial Real Estate Lawyers

San Diego Commercial Real Estate Lawyers, CA

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Commercial Real Estate Law in California

In San Diego, California, "commercial real estate" is any type of land or building which is used for a business, as opposed to residential, purpose.

The laws covering commercial real estate in San Diego, California are quite different from those applying to residential real estate.

Buyers and renters of residential property enjoy a massive number of legal protections. Many of these protections don't apply to buyers or renters of commercial property.

For instance, residential real estate is governed by laws concerning rent control, living conditions, and other things relevant to buildings where people will be living. Most of these protections don't apply to commercial real estate, because the law assumes that the average business person is a bit more sophisticated in such dealings than the general population, and because a place to do business is typically less important than a place to live. However, the most basic protections, such as protection from fraud and deliberate concealment of defects, still apply.

Common Commercial Real Estate Law Issues in San Diego, California

Financing: The majority of small business owners in San Diego, 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.

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 accountable for any harm this defect cause, as well as the reduced value of the property, or the cost of repair.

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: An encumbrance is some small ownership interest in land held by a third party, or some right held by a third party to restrict the use of a parcel of land. A frequent encumbrance is an easement. In San Diego, California, an easement is some right of some third party to make limited use of land owned by someone else. For example, cable companies often purchase easements from property owners (or they are imposed by the government) allowing them to string cable wiring from the telephone wires on the street to nearby houses. Like any other property right, the holder of an easement can prevent others from interfering with it. Obviously, if a buyer doesn't know about an encumbrance on a piece of land, he might find that he's unable to make the use of the land that he was expecting.

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Can a San Diego, California Attorney Help?

Because of the importance and potential complexity of the issues surrounding commercial real estate, it's almost always prudent that, before engaging in any real estate deal, you obtain the counsel of a good San Diego, California real estate attorney.

1560 Real Estate, Housing & Property Law cases posted to LegalMatch lawyers in San Diego

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Life in San Diego

San Diego is one of California's most beautiful cities. It is filled with history, great attractions, great weather, and gorgeous beaches! Families can enjoy a day at the USS Midway Museum, Balboa Park, San Diego Zoo, Torrey Pines State Reserve, Cabrillo National Monument, Pirate Ship Adventures, and Point Loma.

Alongside all the great attractions for family are the excellent restaurants, famous Mexican food, shopping (with great outlets like the Las Americas Premium Outlets), and great nightlife, especially in Downtown San Diego's Gaslamp District. If you want to just relax and enjoy the beach, San Diego has many beaches to choose from such as Coronado Beach, Ocean Beach, Del Mar, La Jolla, Pacific Beach, and Mission Beach.

San Diego also caters to its citizens' legal needs with many reputable law firms having office locations in prime areas of San Diego. In fact San Diego also has three law schools, whose graduates often find employment in these firms and travel around the United States for various cases. All in all, San Diegans have a beautiful ambiance to enjoy and great lawyers to protect and advocate for their legal interests.

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