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Commercial Leases Real Estate Transactions

Bennett Jones LLP

The Double Default Rule in Real Estate Transactions

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"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

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New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Goodwin

‘Office Is Not Dead’, and Other Takeaways on the Real Estate Outlook

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Developments in offices, AI, and operational real estate are driving expectations for a rebound in commercial real estate. A sense of optimism pervaded the air at Goodwin and Columbia University’s annual Real Estate...more

Whitman Legal Solutions, LLC

Pay Attention to “Everything Else” in Your Contracts

When reviewing legal documents, it’s easy to become so focused on a particular area that and forget about “everything else.” Each “everything else” item might seem minor, but collectively, “everything else” can make a serious...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

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Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

BCLP

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

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Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction...more

Dickinson Wright

Beyond Closing: The Power of a Gap Indemnity

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In a typical real estate transaction, there’s often a critical period between the closing and the official recording of documents—a period aptly known as the “gap.” This “gap” introduces a degree of risk, leaving room for...more

Stikeman Elliott LLP

Practical Law: Commercial Real Estate in Canada

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Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

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High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

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The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more

Lowenstein Sandler LLP

Waiting Out the Market: How Real Estate Buyers, Sellers, and Investors Are Managing Current Conditions

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Hosts Stacey Tyler and Stephen Tanico welcome John Stolz, Chair of Lowenstein’s Real Estate practice, for a discussion about the post-COVID real estate market, including the current credit crunch, rising interest rates,...more

Womble Bond Dickinson

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

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A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North...more

Lowndes

Navigating Legal Pathways to Establish Your Dream Pickleball Facility

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If you play pickleball, America’s fastest growing sport, you’ve probably encountered a problem: the sport’s runaway popularity has led to a shortage of pickleball facilities. If you are a true picklehead, maybe you’ve even...more

Cornerstone Research

Cornerstone Research Experts in Focus: Mark Garmaise

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Experts in Focus is the firm’s video and podcast series in which we interview academic experts about their research on a variety of economic and finance topics. Nick Yavorsky interviews Mark Garmaise, Professor of Finance at...more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

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The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Foley & Lardner LLP

Ripple Effect of Recent Bank Insolvencies on Real Estate

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The closure of Silicon Valley Bank (SVB) and Signature Bank, and the subsequent receivership by the Federal Deposit Insurance Corporation (FDIC), has far-reaching effects, including to commercial real estate transactions in...more

Whitman Legal Solutions, LLC

Contract Drafting Fundamentals – Be Careful What You Incentivize

One of my mantras when preparing contracts and company policies is “to be careful what you incentivize. This article discusses the "cobra effect" and why it's critical when preparing legal documents to consider what behavior...more

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

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This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

Goodwin

Goodwin REIT Alert: REIT Disclosure Requirements When Acquiring or Disposing of Real Estate Operations

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When a public REIT acquires or disposes of real estate, the transaction may trigger financial disclosure requirements under SEC rules and guidance. Specifically, Rule 3-14 of Regulation S-X (“Rule 3-14”) sets forth the...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - November 2022, Volume I, Issue XV

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CASES OF NOTE - LANDLORD UNABLE TO EVICT DESPITE TENANT DEFAULTS - Varano v. PDJM Land Trust LLC, et al. No. 1884CV02662, (Mass. Super. Ct. June 16, 2022) The Massachusetts Superior Court held that a commercial landlord...more

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

BCLP

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

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Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

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