Wichita Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Wichita, KS

Commercial Real Estate Law in Kansas

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

The laws in Wichita, Kansas which govern commercial real estate differ significantly from the laws governing the rental and purchase of 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.

For instance, commercial real estate usually isn't covered by rent control laws, nor does it carry with it an implied warranty of habitability (because people generally 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 Wichita, Kansas

Financing: Most small business owners in Wichita, Kansas don't have the money to buy real estate with the cash on hand. Nonetheless, there is a solution to this problem, permitting people without massive sums of money (but with a steady income) to buy real estate: the mortgage. A mortgage is a loan used to buy real estate, and the real estate being bought is used 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 liable for any harm this defect cause, as well as the reduced value of the property, or the cost of repair.

Buyer's Duty to Inspect: generally, buyers of commercial real estate are expected to inspect the property before buying it. A failure to do so might prevent the buyer from prevailing in a lawsuit if he is harmed by physical defects that an inspection would have revealed, and that the seller didn't know about.

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 common encumbrance is an easement. In Wichita, Kansas, an easement is some right of some third party to make limited use of land owned by someone else. For instance, 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.

Can a Wichita, Kansas Attorney Help?

Because of the importance and potential complexity of the issues surrounding commercial real estate, it's almost always judicious that, before engaging in any real estate deal, you seek the counsel of a good Wichita, Kansas real estate attorney.

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Life in Wichita

Wichita is the county seat of Sedgwick County in Kansas. With a population of over 372,000, it is the most populated city in all of Kansas, and ranks as the 51st largest U.S. city. In 2008, Wichita was named the #1 most affordable city to live in by MSN Real Estate. Newsmax Magazine has also named it the most "Uniquely American City". Due to its history in aviation and airplane science, Wichita is known as "The Air Capital of the World".

The city of Wichita has undergone considerable development over several decades. Old Town Wichita was renovated in the 1990's to include a hybrid-zone neighborhood complete with restaurants, hotels, residential homes, and nightclubs. Wichita also has several major shopping malls, a few of which host over 100 tenants.

Wichita is also a hub for academic and learning opportunities. Wichita State University, Newman University, and other technical and community colleges have established a presence in the city. Notable residents of Wichita have included actress Kirstie Alley, and Ann Durham, the mother of President Barack Obama.

Lawyers in Wichita, Kansas assist their clients by filing claims through the Municipal Court of the City in Wichita. Wichita's municipal court is the largest, most established municipal court in the state of Kansas. Also, many Wichita lawyers handle more complex legal claims in the 18th District Court for the County of Sedgwick.

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