Bloomington Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Bloomington, IN

Commercial Real Estate Law in Indiana

In Bloomington, Indiana, commercial real estate is any form of real property (land or permanent structures) being utilized for business purposes.

The laws in Bloomington, Indiana which govern commercial real estate differ significantly from the laws governing the rental and purchase of residential real estate.

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

For instance, residential real estate is covered 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 generally 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 Bloomington, Indiana

Financing: The majority of small business owners in Bloomington, Indiana 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.

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. Therefore, 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: 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 difficult for the buyer to use the land as they intended when they bought it. A common type of encumbrance in Bloomington, Indiana 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 Bloomington, Indiana Attorney Help?

The issues surrounding commercial real estate in Bloomington, Indiana can get fairly complex. Therefore, it's never a bad idea to have the assistance of an experienced commercial real estate attorney.

Talk to a Real Estate Law Attorney now!

Life in Bloomington

Bloomington has been named a Tree City for more than 20 years and serves as the seat of Monroe County. Home to more than 70,000 Indiana residents, Bloomington plays host to a number of institutions of higher learning like Indiana University School of Law, Jacobs School of Music, and the Midwest Proton Radiotherapy Institute. Bloomington is also home to a number of experienced lawyers. Bloomington lawyers are licensed to practice through out the state and helped work on the movie Breaking Away which was filmed in Bloomington. It featured local quarries and a reenactment of Indiana University's Little 500 bicycle race.

Citizens and visitors of Bloomington are offered a thriving arts and cultural scene. Amateur theater companies like the University of Indiana Department of Theater and Drama, Bloomington Playwrights Project, and Theater of the People. Many performances are done at the famous Buskirk-Chumleuy Theater, a 616 seat vaudeville and movie house that was erected in 1922 and known locally as the "Indiana Theater." Many folks also frequent the happening music scene in Bloomington which hosts a large folk punk rock following. Bloomington is a popular concert tour stop for bands and fans come from around the nation to see their favorites play. 

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