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As the old business saying goes: location, location,
location. A business often depends on the location of its
commercial real estate to survive and grow. Retailers use their
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Factors whether to Buy or Lease Commercial Real
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Types of Commercial Leases
There are many different types of commercial leases a
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Fixed leases
A fixed lease is much like a typical residential lease.
In a fixed lease, the parties agree to a specific amount of
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Step leases
In a step lease, the parties agree to increase the rent
a certain amount yearly. The step lease is meant to
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Gross leases
In a gross lease, the tenant will pay a set periodic (or
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Commercial Leases vs Residential Leases
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Terms usually negotiated
Unlike in residential leases where the landlord and
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Length of tenancy
Parties to a commercial lease will typically want a
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Evictions
The procedure and timeframe for commercial versus
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Buying Commercial Property
If you have decided to buy commercial real estate, you
should be aware of many factors included in your offer and
affecting your possession and title to the piece of commercial
real estate. agency consolidation debt
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Material defects within the seller s
knowledge
Many states require a seller who knows of a problem with
the property that may influence the decision to buy to
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Actively conceal material defects
Generally, a seller cannot actively hide a defect in
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Buyer s duty to inspect
Before you purchase commercial real estate, you should
hire someone to inspect the property for any defects that
are not easily noticeable. Generally, the seller will not
be held liable for problems with the property that she did
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Encumbrances
An encumbrance is something that may burden your rights
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Other potential environmental and zoning
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See Environmental Law and Zoning, Planning and Land Use
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Should I Consult a Real Estate Attorney about my
Commercial Property Issue
Before making or accepting an offer regarding a piece of
commercial real estate, or deciding to lease a particular
property, you should consult an attorney. A real estate
attorney will make certain that your interests are represented
in the negotiation process. A real estate attorney can also
help inform you of whether renting or buying a space would be
best for your business. Additionally, a real estate attorney
can inform you of whether your proposed business will comply
with local land use and zoning laws. consolidation debt firm
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Condominiums and cooperatives are considered types of common
interest communities. Rarely can one distinguish cooperatives
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Common Interest Communities
Both condominiums and cooperatives are forms of common
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be distinguished by their form of ownership. Typically, common
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A Board, Governing Body or Association
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In a cooperative, a corporation or association owns the
building and the land. The individual pays rents for the
maintenance and repair of the common areas in the building. The
rents are also usually equivalent to mortgage payments for the
property and property taxes. In the cooperative, the
buyer owns nothing. The buyer is
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landlord. consolidation debt refinance
What is a Condominium
In a condominium community, people literally own their own
units and the air space within the unit. The people who
purchase a condominium have legal title to the unit. They share
ownership and obligations for the common areas with the other
condominium owners. Often, the condominium owners pay a
periodic fee for the repair and maintenance of the common
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Should I Consult with a Real Estate Attorney for my
Common Interest Community Issue
Each common interest community has a unique set of
regulations and a different governing body. A real estate
attorney can help you sift through all the documents and
regulations of your common interest community to determine your
rights. A real estate attorney can also assist you if you have
a dispute with the governing body or a common interest
community neighbor. consolidation debt plan
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Construction Contracts
When an owner of property and a contractor engage in a
construction contract, disputes may arise. Ways to resolve the
dispute are usually defined by the terms of the construction
contract, which outlines the obligations and duties of the
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construction contract will typically provide for remedies if
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Construction Delays
Construction projects often experience delays. There are
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Excusable Delays
Construction contract provisions often outline specific
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Acceleration of a Construction Contract
Acceleration occurs when the owner of property compels the
contractor to complete the construction project ahead of the
scheduled time. Acceleration may increase the contract price
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Constructive Acceleration
In situations where the owner has refused to give the
contractor an extension of time for an excusable delay, or a
reasonable time extension request, constructive acceleration
may occur. Through constructive acceleration, the contractor
may recover for the additional expenses incurred for the
owner s refusal. A contractor must, however, actually
accelerate the performance and incur the extra costs in order
to recover under the constructive acceleration doctrine. consolidation debt free help
Mechanic s Liens
A mechanic s lien or a material men s lien is a
method used by contractors or other people employed for the
purpose of improving real property to ensure that property
owners will pay them for services performed and materials. If
the property owner does not pay for the services or materials,
the mechanic can initiate a court proceeding to enforce the
lien, often compelling a sale of the property to pay for the
services and materials. Learn more about mechanic s
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Should I Consult an Attorney about my Construction
Dispute
Construction projects are usually subject to strict
deadlines. If a dispute arises, an attorney can help you
explore your options and pursue what is in your best interest.
Additionally, every state has different lawsuit filing details,
procedures and deadlines for a breach of a construction
contract claim. A lawyer can help a party conform to the
applicable procedural rules and collect all the proper
documents to prove a breach. An attorney can also help a
contractor or subcontractor adhere to the strict deadlines for
filing a mechanic s lien. Further, an attorney can assist
an owner with a mechanic s lien to prevent the property
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What Is Construction Law
Construction law deals with all aspects of building, from
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contracts. Construction laws also relied uponhen there are
disputes between the parties. consolidation debt student
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