Taunton Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Taunton, MA

Commercial Real Estate Law in Massachusetts

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

The laws governing commercial real estate in Taunton, Massachusetts are quite different from those applying 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.

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 Taunton, Massachusetts

Financing: The majority of small businesses in Taunton, Massachusetts 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 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 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: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Taunton, Massachusetts, an encumbrance is an interest in a piece of real estate held by a third party, such as covenants or easements. An easement is a right held by someone to use the property of someone else for a certain purpose. For instance, a person might have an easement on the land of another person, allowing them to cross the land to access a public road.

Can a Taunton, Massachusetts Attorney Help?

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

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Life in Taunton

Founded in the year 1637, Taunton is one of the oldest cities in the entire U.S. It is the county seat of Bristol County, Massachusetts. The city boasts a rich legacy in industrial history. It has traditionally been known as "The Silver City" after its local silversmith operations.

Taunton still maintains its reputation as the producer of some of the world's finest silver products. A Taunton company recently produced the medals for the 1996 Summer Olympics as well as exclusive silverware for the White House. In addition to silver products, Taunton's economy emphasizes semiconductor, electronics, and silicon manufacturing.

Visitors to Taunton can stop by the Silver City Galleria, which is a large shopping center located conveniently near neighboring cities. A popular destination in Taunton is the Taunton Green Historic District. Each December the city of Taunton provides an elaborate light display at Taunton Green. As a result, Taunton has also earned the nickname of "The Christmas City".

Lawyers in Taunton, Massachusetts will usually process legal claims at the Taunton District Court. The district court is authorized to adjudicate a wide array of civil and criminal claims, including felony cases. Taunton lawyers are ready to provide you with professional assistance and advice.

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