Tifton Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Tifton, GA

Commercial Real Estate Law in Georgia

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

Commercial real estate in Tifton, Georgia is regulated by laws which differ significantly from state and local laws that apply to residential real estate.

Buyers and renters of residential property enjoy some pretty significant 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 include implied warranties of habitability, rent control, and covenants of use and quiet enjoyment, among many others. Of course, the most basic protections, such as prohibiting the seller from actively concealing defects, apply to both.

Common Commercial Real Estate Law Issues in Tifton, Georgia

Financing: The majority of small businesses in Tifton, Georgia can't afford to make large real estate purchases with the money they have in the bank. Nevertheless, buying real estate is sometimes essential 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.

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 serious 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 serious consequences. 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: While buyers of real estate have some significant 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 usually won't be able to successfully sue, if defects are discovered after the purchase.

Encumbrances: Undisclosed encumbrances are defects of another sort: defects of title. An encumbrance is any interest that a third party has in the Tifton, Georgia commercial real estate. These usually take the form of easements, which are rights held by third parties to use the land for a specific purpose. Easements can have profound effects on how a new owner can use the land, so it is necessary to know about them before buying.

Can a Tifton, Georgia Attorney Help?

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

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Life in Tifton

Tifton is the county seat of Tift County, Georgia. It boasts a population of about 17,000 and is nicknamed "The Friendly City" due to its local charm and "Southern hospitality".

Tifton is well-known for being named the "Reading Capital of the World" in the year 2000. The city earned this title through achieving several goals such as reduced illiteracy rates and increased library circulation. Additionally, Tifton has been voted one of the Top 100 Small Towns in America, and has also been named the Cleanest City in America.

Notable points of interest in Tifton include the Coastal Plain Research Arboretum, the Abraham Baldwin Agricultural College (ABAC), and the "Agrirama". The Agrirama is a large, 95-acre site dedicated to preserving Georgia's achievements in agriculture. The Agrirama houses Georgia's Museum of Agriculture and Living History Museum.

As you can probably tell, the agricultural industry is a large part of Tifton's culture and economy. Lawyers in Tifton, Georgia can help you address your legal needs which may be unique to Tift County. Tifton Municipal Court is where most Tifton lawyers file their cases. The municipal court is authorized to hear a wide array of legal matters.

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