David Allen

David Allen

Jaburg Wilk

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The Defaulting Seller and a Notice of Lis Pendens

After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000. You deposit your $15,000 “earnest money” with the escrow company, and an...more

8/3/2015 - Breach of Contract Buyers Damages Default Due Diligence Home Buyer Inspections Land Titles Lis Pendens Mortgage Escrow Account Remedies Residential Real Estate Market Sellers Specific Performance

Because It’s The Rules

There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are...more

6/12/2015 - CC&Rs Common Areas Homeowners' Association

Options and the Right of First Refusal in Commercial Leases

In commercial leases, it is common for the tenant to be given the “option” to continue to lease their premises for a new term commencing immediately upon the expiration of the existing term. Although the option only favors...more

3/18/2015 - Commercial Leases Commercial Tenants Renewal Options Right of FIrst Refusal Tenants

What’s In A Title?

While it is true that you most often cannot tell much about a book by its title, the same does not hold true when it comes to real estate, as how title is held to real estate, does tell you a lot. The question faced by a...more

1/27/2015 - Deed of Trust Deeds Property Ownership Real Estate Transfers

When In Doubt, Disclose, Disclose, Disclose

So Joe, who lives and works in Chicago, has decided that he wasn’t getting enough use out of his second home in Scottsdale, located on the 15th fairway of a very challenging golf course, and has, with some regret, put it up...more

10/17/2014 - Disclosure Information Disclosure Statement Property Owners

What Exactly Is A Subordination, Non-Disturbance And Attornment Agreement, And Why Do I Need One?

While most commercial leases contain a requirement that the tenant will execute a “Subordination, Non-Disturbance and Attornment Agreement,” commonly referred to a an “SNDA,” a majority of tenants who have signed such leases,...more

9/16/2014 - Commercial Leases Foreclosure Lenders Secured Lenders SNDAs Tenants

What Is The Difference Between Mediation And Arbitration

Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different...more

5/21/2014 - Arbitration Mediation

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