Newport Commercial Real Estate Lawyers

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Commercial Real Estate Law in Rhode Island

Commercial real estate is any type of land or structure in Newport, Rhode Island which is used for business purposes, primarily the sale of goods and/or services to the public.

The laws governing real estate in Newport, Rhode Island apply differently when dealing with commercial, as opposed to residential, real estate.

People who buy and rent residential unites have a higher deal of legal protections not available to buyers of commercial property.

For instance, residential real estate is controlled by laws concerning rent control, living conditions, and other things relevant to buildings where people will be living. Most of these protections don't apply to commercial real estate, because the law assumes that the average business person is a bit more sophisticated in such dealings than the general population, and because a place to do business is usually less important than a place to live. However, the most basic protections, such as protection from fraud and deliberate concealment of defects, still apply.

Common Commercial Real Estate Law Issues in Newport, Rhode Island

Financing: The majority of small business owners in Newport, Rhode Island probably can't afford to buy much real estate outright, with cash paid up front, so most small business purchase commercial real estate with a mortgage. A mortgage is a loan taken out for the purpose of buying real estate, using that real estate as collateral for the loan.

Concealment of Defects: Sellers and lessors of commercial real estate are under a duty to disclose any defects in the property which might impact the buyer's decision to purchase it, such as water damage, mold, or other structural problems. These defects are quite common, and the buyer has a right to know about them. If the seller doesn't disclose these defects, where they exist, the buyer can sue for any harm this causes.

Duty to Inspect: Buyers of commercial real estate are expected to be diligent, and a court will not reward a lack of diligence. Consequently, if the buyer fails to conduct a thorough inspection of the property before buying it, and thereby fails to discover defects which such an inspection could have easily revealed, he will not be able to sue the seller over these defects later on.

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 challenging for the buyer to use the land as they intended when they bought it. A typical type of encumbrance in Newport, Rhode Island 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 Newport, Rhode Island Attorney Help?

The issues surrounding commercial real estate in Newport, Rhode Island can get fairly complex. Therefore, it's never a bad idea to have the assistance of an efficient commercial real estate attorney.

Talk to a Real Estate Law Attorney now!

Life in Newport

Newport is located on Aquidneck Island, in Rhode Island's Newport County. It is near Providence. Why this area is popular is for the famous Newport Mansions and its reputation of being a New England summer resort. A nickname for Newport is the "City with the Summer White Houses."

Some known areas include Salve Regina University, the Naval Station, the Naval War College, the Naval Undersea Warfare Center, and the United States Navy Training Center. Other sites include Gooseberry Beach, Bailey's Beach, Ocean Drive, Newport Cliff Walk, Fort Adams, and the International Tennis Hall of Fame.

Newport is also home to many law offices and small firms. These entities train attorneys to handle any and every legal need.

From its pictures, it is evident that Newport is a small, wonderful paradise hiding in Rhode Island. It is definitely a place to visit!

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