West Springfield Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in West Springfield, MA

Commercial Real Estate Law in Massachusetts

In West Springfield, Massachusetts, commercial real estate is any type of real property (land or permanent structures) being used for business purposes.

The laws covering commercial real estate in West Springfield, Massachusetts are quite different from those applying to residential real estate.

Buyers and renters of residential property enjoy some pretty substantial 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 example, commercial real estate typically isn't covered by rent control laws, nor does it carry with it an implied warranty of habitability (because people usually 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 West Springfield, Massachusetts

Financing: Most small business owners in West Springfield, Massachusetts don't have the money to buy real estate with the cash on hand. However, there is a solution to this problem, allowing 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 purchased is used as collateral for 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 results. 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: This is a companion to the duty to disclose defects. Usually, buyers of real estate are expected to inspect the property. If they fail to conduct a good inspection, they might not be able to recover damages if they are harmed by any defects which an inspection would have revealed.

Encumbrances: Undisclosed encumbrances are defects of another sort: defects of title. An encumbrance is any interest that a third party has in the West Springfield, Massachusetts commercial real estate. These typically 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 critical to know about them before buying.

Can a West Springfield, Massachusetts Attorney Help?

These issues are sometimes confusing, and almost always very important. Therefore, it's imperative to seek the assistance of a West Springfield, Massachusetts real estate attorney if you have any dealings in this area.

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Life in West Springfield

West Springfield is part of Hampden County in Massachusetts. It has a population of about 28,000 people and is a popular tourist destination. The city is locally known as "The West Side", which is a reference to its location on the western side of the Connecticut River.

West Springfield is also part of the Massachusetts area known as the Springfield-Hartford "Knowledge Corridor". The Knowledge Corridor is part of a state program designed to promote cultural and economic exchange between several Massachusetts cities. The name Knowledge Corridor derives from the fact that there are over 30 colleges and universities in the sector. The area is also the focus of extensive urban renewal projects.

The city of West Springfield attracts many visitors due to its retail and commercial activities. For example, the Riverdale Road corridor is one of the major retail centers in the area. Tourists also come to the city every September for the Eastern States Exposition or "The Big E", which is the largest fair in the entire northeast region. The fair is home to the Big E Cream Puff and the Craz-E Burger. The Big E lasts for 17 days and features a number of acts, parades, and exhibits.

Lawyers in West Springfield, Massachusetts usually represent their clients at the Springfield District Court Division courthouse. Many West Springfield are members of multiple bar associations including the local Hampden County Bar Association.

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