News & Analysis as of

Commercial Real Estate Contracts

Tenants Beware – The Ninth Circuit Has Ruled That The Bankruptcy Code Can Be Used By A Landlord To Strip A Tenant’s Right To...

by Ervin Cohen & Jessup LLP on

Just last month, the Ninth Circuit issued a ruling in the case of Matter of Spanish Peak Holding II, LLC, that is potentially devastating to a tenant that leases property from a landlord that files for bankruptcy relief....more

Tax Court Decides First Micro Captive Case

On August 21, 2017, the Tax Court issued its opinion in two companion cases Benyamin Avrahami and Orna Avrahami v. Commissioner, and Feedback Insurance Company, Ltd. v. Commissioner, 149 T.C. No. 7, holding against the...more

Private Investors Account for a Quarter of Global Real Estate Transactions

by Dorsey & Whitney LLP on

Private investors are becoming an ever more integral part of the commercial real estate market; it has been reported (here) that they now account for over a quarter of all global commercial real estate transactions. Further...more

Federal Banking Agencies Explore Raising Threshold for Appraisals in Commercial Real Estate Transactions to $400,000

by Stinson Leonard Street on

Federal regulators earlier this week issued a notice of proposed rulemaking to raise the threshold for commercial real estate transactions requiring an appraisal from the current level of $250,000 to $400,000. The agencies...more

It’s Time to Bring Back the Square State Conduit:  If We Build It, They Will Come.

by Dechert LLP on

What in the world have we done to ourselves? Our CRE Securitization business, or at least the conduit part of our business, continues to shrink: $800 billion in outstanding principal balance in 2007 and now, $400 billion? ...more

Leegstandschade en bankgarantie: eindelijk duidelijkheid? (Dutch)

by Dentons on

Leegstandskade: Can such damage or not be covered by a bank guarantee? This is one of the questions that both the tenant lawyer and the market have been taking for some time. Background is a stream of case law, in which with...more

Let op bij een erfdienstbaarheid met een zelfstandige actieve verplichting (Dutch)

by Dentons on

Recently, Den Bosch has ruled on an inheritance service with an active obligation. In the present case, X was the owner of a business complex, consisting of several business premises (premises 1, 2 and 3) with associated...more

Warmtewet in de revisie (Dutch)

by Dentons on

The Warmth Act has arranged questions and discussion (s) in the rental sector in the past period. The law does not blink in clarity and does not match the practice as well. An evaluation has now taken place and resulted in a...more

Have Yourself a Very Trumpy Tax Plan

by Dechert LLP on

Well, we’ve had the big reveal and the administration’s new tax plan is out. This plan, announced with a great deal of fanfare, feels more like a campaign promise than an actual executable plan. At two hundred forty-six...more

[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

(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

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

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