Austin Commercial Real Estate Lawyers

Find the right Commercial Real Estate attorney in Austin, TX

Commercial Real Estate Law in Texas

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

The laws covering commercial real estate in Austin, Texas are quite different from those applying to residential real estate.

Buyers and renters of residential property enjoy a considerable number of legal protections. Many of these protections don't apply to buyers or renters of commercial property.

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

Common Commercial Real Estate Law Issues in Austin, Texas

Financing: Many businesses in Austin, Texas 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 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.

Buyer's Duty to Inspect: usually, buyers of commercial real estate are expected to inspect the property before buying it. A failure to do so might prevent the buyer from prevailing in a lawsuit if he is injured by physical defects that an inspection would have revealed, and that the seller didn't know about.

Encumbrances: Encumbrances are defects of a different type: rather than physical defects, they are defects of title. In Austin, Texas, 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 specific purpose. For example, 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 Austin, Texas Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in Austin

Austin, Texas is known as one of the best cities in Texas because there is a lot to do! Austin is the fourth largest city in Texas with a population of about 790,390. Also known for being the thirty-fifth largest metropolitan area in the United States, Austin has attractions for tourists of all types.

Popular attractions include Congress Avenue, Zilker Metropolitan Park, State Capital, Austin Nature Science Center, Mount Bonnell, Texas Military Forces Museum, Fall Creek Vineyards and Paramount Theatre. In all honestly, pages and pages could be written about the attractions in Austin. One really needs to go there to experience all the attractions and active vibe of the city. Austin is also home to many large multinational, international, mid-size, and small law firms. What does this mean? This means that any Austin resident and/or businesses have a large number of firms to choose from when seeking competent attorneys or law firms. This is a rare offering that not all metropolitan cities offer. Overall, from quality of life to industry, Austin is a great choice for visiting or living!

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