Kalamazoo Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Kalamazoo, MI

Commercial Real Estate Law in Michigan

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

Commercial real estate in Kalamazoo, Michigan is controlled by laws which differ significantly from state and local laws that apply to residential real estate.

Buyers and renters of residential property enjoy some pretty considerable 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.

These include implied warranties of habitability, rent control, and covenants of use and quiet enjoyment, among various others. Of course, the most general protections, such as prohibiting the seller from actively concealing defects, apply to both.

Common Commercial Real Estate Law Issues in Kalamazoo, Michigan

Financing: Many businesses in Kalamazoo, Michigan can't save up enough money to pay the full asking price of a decent-sized piece of real estate up front. Nonetheless, it's sometimes necessary for businesses to acquire real estate. To solve this issue, most rely on a mortgage. A mortgage is a typical type of loan, taken out to purchase real estate. The lending institution lends the full purchase price to the borrower, who then purchases the property. The property, in turn, becomes collateral for the loan, which must be paid back over a period of years, with interest.

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: Lest you believe that the duty to disclose defects relieves any duty of diligence on the part of the buyer, the law will not reward such lapses with a major cause of action. Buyers have a duty to conduct a reasonable inspection of the property before they buy it, normallyy with a licensed building inspector. If the buyer fails to do this, they won't be able to recover any damages for defects which they could have discovered through a reasonable inspection.

Encumbrances: Undisclosed encumbrances are defects of another sort: defects of title. An encumbrance is any interest that a third party has in the Kalamazoo, Michigan commercial real estate. These normally 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 important to know about them before buying.

Can a Kalamazoo, Michigan 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 obtain the counsel of a good Kalamazoo, Michigan real estate attorney.

Talk to a Real Estate Law Attorney now!

Life in Kalamazoo

Kalamazoo is located in Kalamazoo County. Specifically it is located in the southwestern part of Michigan. It is home to approximately 326,589 people.

Some popular sites include the Kalamazoo Institute of Arts, Kalamazoo Valley Museum, Hickory Corners, Gilmore Car Museum, the Kalamazoo Air Zoo, the New Vic Theatre, Barn Theatre, the Gibson Guitar Corporation, and Wings Stadium.

Some of the top employers are the health care system and school district. Kalamazoo is also home to three local breweries and that employ many residents. With small businesses around, naturally the city is also home to attorneys there to provide legal support. Kalamazoo is home to many attorneys who work in law offices and firms that practice in many areas of law. Therefore, residents can remain rest assured, because any and every legal need of theirs can easily be taken care of.

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