St. Clair Shores Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in St. Clair Shores, MI

Commercial Real Estate Law in Michigan

In St. Clair Shores, Michigan, commercial real estate is any type of real property (land or permanent structures) being used for business purposes.

Commercial real estate in St. Clair Shores, Michigan is regulated 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.

Some of the protections that don't apply to commercial property include warranties of habitability, rent control, and warranties of quiet enjoyment. There are others, as well. The most basic protections, however, apply to buyers of both residential and commercial real estate, including remedies for fraud and concealment of physical or title defects.

Common Commercial Real Estate Law Issues in St. Clair Shores, Michigan

Financing: Many businesses in St. Clair Shores, 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 problem, most rely on a mortgage. A mortgage is a common 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 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 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: This is a companion to the duty to disclose defects. Typically, 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: 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 hard for the buyer to use the land as they intended when they bought it. A frequent type of encumbrance in St. Clair Shores, Michigan 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 St. Clair Shores, Michigan Attorney Help?

Because of the complexity and importance of many of the issues concerning commercial real estate, it is almost always necessary to consult with a St. Clair Shores, Michigan attorney before buying or selling commercial real estate.

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Life in St. Clair Shores

St. Clair Shores is a suburb along Lake Saint Clair. Specifically, it is in Macomb County and is about 13 miles northeast of downtown Detroit.

After World War II the area grew from a small resort community along Lake Saint Clair to a decent sized suburb. Per the 2010 census, its population is 59,715 people.

The city is well-known because every Memorial Day, it is host the the Memorial Day Parade. Also, Michigan residents know the area well because of the "Nautical Mile" site. This site is a strip of Jefferson Avenue between Nine Mile and 10 Mile roads, and is home to retail stores, boat dealers, good restaurants and cafes, and marinas. Basically, it is a popular site for residents and tourists to visit.

Many may not know, but St. Clair is where the Miss America Organization is located. Other popular attractions include Car City Records and Crows Nest East.

There are also attorneys in this area that are able to provide legal services to residents in need.

All in all, St. Clair Shores is a wonderful place to live and visit!

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