Decatur Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Decatur, IL

Commercial Real Estate Law in Illinois

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

The Decatur, Illinois laws regulating commercial real estate differ significantly from the laws that cover residential and other types of real estate.

People who buy and rent residential unites have a larger deal of legal protections not available to buyers of commercial property.

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 Decatur, Illinois

Financing: The majority of small businesses in Decatur, Illinois 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.

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: While buyers of real estate have some considerable 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 normally 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 Decatur, Illinois, 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 set 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.

Can a Decatur, Illinois Attorney Help?

Because of the complexity and importance of many of the issues regarding commercial real estate, it is almost always crucial to consult with a Decatur, Illinois attorney before buying or selling commercial real estate.

Talk to a Real Estate Law Attorney now!

Life in Decatur

Decatur is the sixth most populated city in Illinois. A nickname for Decatur is the "Soybean Capital of the World."

Some popular sites in Decatur include Lake Decatur, Lincoln Trail Homestead State Memorial, Rock Springs, Fort Daniel Conservation Area, and Spitler Woods State Natural Area.

Decatur has been featured in some great movies. These movies include The Informant!, Leatherheads, Ferris Bueller's Day Off, Shaft, Bachelor Party, and So I Married and Axe Murderer.

Decatur has also been featured in TV shows such as The Fugitive, the Travel Channel's Most Terrifying Places in America, and The Colbert Report.

Along with the above, Decatur has a strong legal force capable of handling any and every legal inquiry!

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