Dover Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Dover, DE

Commercial Real Estate Law in Delaware

In Dover, Delaware, "commercial real estate" is any form of land or building which is utilized for a business, as opposed to residential, purpose.

The laws governing commercial real estate in Dover, Delaware are quite different from those applying 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.

These absent protections include rent control, and warranties of habitability, among others. The most general protections, such as prohibiting sellers of real estate from lying regarding the property to the buyer, apply in any context, however.

Common Commercial Real Estate Law Issues in Dover, Delaware

Financing: The majority of small business owners in Dover, Delaware 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.

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 outcomes. 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. Typically, 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 hard for the buyer to use the land as they intended when they bought it. A frequent type of encumbrance in Dover, Delaware 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.

Can a Dover, Delaware Attorney Help?

These issues are sometimes intricate, and almost always very important. Therefore, it's necessary to seek the assistance of a Dover, Delaware real estate attorney if you have any dealings in this area.

Talk to a Real Estate Law Attorney now!

Life in Dover

Dover, Delaware is the capital of Delaware, and its second-largest city. It has a population of about 36,000 people.

Dover, Delaware was founded in 1683 by British colonists. Dover is perhaps best known as being the home of Caesar Rodney, a popular lawyer and wartime leader during the American Revolution. The city was also an important stop on the Underground Railroad, even though the population of Dover was sharply divided on the issue of slavery. Many Dover, Delaware lawyers helped runaway slaves once they arrived.

Modernly, Dover's economy is fairly diverse. The largest employer in Dover, as well as in the entire state of Delaware, is the state government. The vast majority of the state's administrative functions are located in and around Dover. Another major employer is the Dover Air Force Base. This federal presence, along with the state government, employs many Dover, Delaware lawyers.

Residents of Dover, Delaware who need legal advice should have little trouble finding a good Dover, Delaware attorney.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA