News & Analysis as of

Commercial Real Estate Contracts

[Webinar] What You Need to Know Before Negotiating a Property Management Agreement - April 20th, 12:00pm EDT

by BakerHostetler on

In commercial real estate, the property management agreement is one of the documents most critical to the long-term success of a project. Regardless of the property type – hotel, apartment complex, shopping center or office...more

Nutter Bank Report, March 2017

Fed Raises Threshold That Triggers Review of Systemic Risk of a Proposed Merger - In a recent decision on a proposed merger of two bank holding companies, the Federal Reserve indicated that it has increased the...more

Commercial Real Estate Sellers: Hire Your Own Attorney!

by Ward and Smith, P.A. on

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is...more

A reminder to get replies to enquiries right

by Dentons on

The High Court decision in First Tower Trustees Limited v. CDS (Superstores International) Limited [2017] EWHC B6 (Ch) is a salutary reminder of some of the pitfalls to avoid when providing replies to pre-contract enquiries...more

Land Court Finds that Texting Can Bind Parties

by Bowditch & Dewey on

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Risk Retention and the CRE CLO

by Dechert LLP on

As we are just inking one of the very first pre-risk retention effective date risk retention deals (Potemkin Village anyone?), we are also seeing an increased flow of what are generically referred to as CRE CLOs. It’s time to...more

Private Ruling Exempts Property Management Services from Self-Dealing

A new private ruling may be of great interest to clients with substantial real estate interests who wish to contribute one or more properties to a family foundation. The ruling suggests that payment by the foundation to a...more

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

by Shutts & Bowen LLP on

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate...more

(UK) Business Rates Update

by Reed Smith on

There have been a number of developments on business rates which affect investment management and lettings to corporate occupiers. Exactly what use qualifies as charitable and benefits from reduced rates is clearer, as is...more

Title Endorsement Basics

by Williams Mullen on

Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more

Top 10 Mistakes Florida Commercial Real Estate and Leasing Brokers Make

by Shutts & Bowen LLP on

A good deal of our practice involves litigation over busted deals – sales of real estate, sales of businesses, commercial leases. By the time we’re asked to get involved, the deal is usually already dead, with the parties...more

Text Messages Add New Layer of Risk to Deal-Making in the Modern Age

by Cozen O'Connor on

Texting is becoming ubiquitous in this era of 24/7 connectivity, but a recent court decision stands as a strong reminder that those quickly composed texts can be held up as a “writing” sufficient to seal a multi-million...more

Can You Avoid a Void Assignment?

by Ropes & Gray LLP on

What are the consequences of the assignment (transfer) of a lease granted after 1 January 1996 to the guarantor of an existing tenant? This question was considered in the recent Chancery Division case of EMI Group Ltd v O &...more

By the Way, What About the Post-Closing Credit Enhancement?

by DLA Piper on

As counsel to seller, you have finally resolved the final language for the representations and warranties made by the seller in a purchase and sale agreement (“PSA”) for a significant commercial real estate asset. You have...more

Don’t Let Deposits Spoil the Deal

by Reed Smith on

A recent case acted as a reminder of the risk inherent in taking a contractual deposit which is greater than the market norm. That case involved penalties for overstaying permitted parking times and re-confirmed the contract...more

Cuba and the Booming Commercial Real Estate Industry to Come

by Dechert LLP on

On March 20, 2016, President Obama became the first United States president in almost 90 years to visit the island of Cuba, located a mere 90 miles from the coast of Florida—signaling not only a renewed diplomatic...more

San Francisco Gross Receipts Tax – Frequently Asked Questions from the Real Estate Industry

The extended due date to file 2015 San Francisco Gross Receipt Tax (“GRT”) returns is April 29, 2016. In anticipation of preparing these returns, below are frequently asked questions (“FAQ”) posed by commercial real estate...more

Lease Assignments to Guarantors No Longer Valid

by Reed Smith on

It is now clear that leases cannot be assigned to the tenant’s guarantor but serious issues arise out of the recent High Court case of EMI Group Limited v O&H Q1 Limited which specified that any lease assignment by a tenant...more

Stamp duty land tax reforms

by Dorsey & Whitney LLP on

Stamp duty land tax – Reform of charging provisions for non-residential property - In his Budget 2016 speech, the Chancellor announced changes to the rules for calculating the stamp duty land tax (SDLT) charged on...more

Finance Advisory: Risk Retention and the Preserving Access to CRE Capital Act

by Alston & Bird on

The final rules for implementing Section 941 of the Dodd-Frank Act as it relates to credit risk retention will become effective December 24 of this year. With the effective date quickly approaching, Congress has stepped in to...more

Real Estate Bulletin, February 2016

The Nutter Real Estate and Finance Group ended 2015 with a series of closings representing buyers, sellers, borrowers and lenders in commercial real estate transactions totaling more than $1 billion in aggregate value in...more

Real News – Winter Edition 2015/16

by DLA Piper on

IN THIS EDITION - Ben Barrison reports on the long awaited Supreme Court’s decision in the case of Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited (pg 03); We dedicate two...more

A Closer Look at "Accidental Contracts"

While the intention of the parties in the deal may be straightforward, unfortunately the law is often not. Most real estate deals begin with a letter of intent (or term sheet) spelling out the principal terms of the deal....more

Waste on land: a warning for landowners

by Dentons on

Fly-tipping continues to cause problems for businesses, governments and communities. Defra recently assessed the number of fly-tipping incidents during 2014-2015 at around 900,000 in England alone.1 It comes as a surprise to...more

[Webinar] Arbitration and Other Forms of ADR - Oct. 20th, 12:00pm CDT

by Thompson Coburn LLP on

In the general course of commercial real estate, conflicts will be resolved, one way or another. Is litigation the only solution? No, the parties to the dispute do have other options: arbitration and other forms of...more

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