Enforceability of Electronic Agreements in Real Estate Transactions
By: Scott A. Fisher
 
Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate perspective, virtually all documents other than those that are being recorded are exchanged electronically. The expression that something will be completed “before the ink dries” is largely anachronistic since most documents never make it from email onto a printer. Given this electronic reality, it is important to step back and examine whether, and under what circumstances, contracts executed via the internet or otherwise are enforceable under applicable federal and state laws. More >

SNDA –  What is It and Why is It Important?
By: Bartow (Bo) B. Duncan, III
 
Many times during lease negotiations, the issue of an “SNDA” arises. This article will provide an brief answers to two important questions: What exactly is an SNDA? And what is the importance of an SNDA?  More >
 
How Online Sales and In-Store Pick-Up Can Muddy the Waters on Calculating Percentage Rent
By: Chelsea Brewer
 
In today’s internet-reliant economy, retailers are expanding their online presence to stay relevant among customers that are increasingly looking to the internet for their shopping experience. Many customers prefer to shop from the comfort of their own homes and are visiting brick and mortar stores less and less frequently. Not only are retailers offering their same in-store products online, but also many retailers are allowing their customers to either place online orders in their stores or, alternatively, customers can place orders from the internet and arrange for an in-store pickup. Naturally, and of great consequence to the workings of many retail leases, these new internet-era options can dramatically affect the amount of sales consummated from a given retail store. More >
 
Negotiating Three Pesky Provisions in a Retail Lease: Assignment, Rent Acceleration, and Exclusive Uses
By: Joseph H. Brock
 
As a relatively new real estate attorney, I often interact with other relatively new brokers, property managers, and asset managers. Broadly speaking, these professionals certainly understand that many transactions warrant, or even require, the involvement of a commercial real estate attorney, but I often find myself discussing how an attorney can add value to a transaction. For these real estate professionals, the crux of the transaction is usually the financial terms. And the ultimate goal of the deal is getting it across the finish line. For an attorney, the crux of the transaction is usually the language of the contract or lease; the language which contemplates all the “what if’s” that may pop up along the way. This article will highlight three heavily negotiated provisions in a retail lease transaction and explain how the involvement of an attorney can add value for the client.  More >