Real Estate Investments

News & Analysis as of

Nonrecourse Real Estate Loans: An Endangered Species?

As many apprehensive borrowers once again enter the commercial real estate loan marketplace, one of the first questions they often ask is: “Can I get a nonrecourse loan?” This is especially true for borrowers who are coming...more

Real Estate Tip: Hire Your Own Surveyor to Avoid a Close Call

A recent New Hampshire real estate closing was stalled at the 11th hour when the parties realized that a survey plan did not show the location of a no-build area created by private restriction in the chain of title. Since...more

U.S. and European Cross-Border Real Estate Investment: Key Structuring Considerations

Deploying real estate capital across international markets can be a complex exercise, and structuring cross-border investments so that capital can be brought back efficiently adds to the complexity. Accommodating the...more

A Disconcerting Proposal from the Senate: Proposed Repeal of Section 1031

Last November, Senate Finance Committee Chairman, Max Baucus, released the third package in a series of “Staff Discussion Drafts” proposing various changes to reform the Internal Revenue Code. Of course, it is likely that any...more

Hong Kong Securities and Futures Commission Consults Public on Proposed REIT Code Amendments

Recognizing the recurrent income generating product nature, the SFC may lift some restrictions on investment scope for Hong Kong listed REITs. On 27 January 2014, the Securities and Futures Commission (SFC) commenced...more

Annual Commercial Real Estate Finance Council Outlook

Positive Outlook for Commercial Real Estate Finance Market - While attending the annual CRE Finance Council (CREFC) conference in Miami on January 13-15, it was clear the overall mood from attendees was positive about...more

California’s New Rule for Private Fund Advisers Will Result in Significant New Requirements and Restrictions for Many Real Estate...

On August 27, 2012, the California Department of Corporations adopted a new Rule 206.204.9, which was intended to encourage capital investment in private investment funds by providing an exemption from investment adviser...more

Minimizing Estate Tax On U.S. Real Property

Canadians’ interest in acquiring U.S. real property for personal use remains strong. Without proper planning, however, that acquisition will expose the Canadian purchaser to U.S. estate tax on the fair market value of the...more

New Jersey Offers Financing Incentives for Real Estate Investments

On September 18, 2013, Governor Christie signed the New Jersey Economic Opportunity Act (the “Act”) into law. The Act is intended to spur job creation, promote redevelopment of underutilized urban and suburban areas, and...more

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real...more

Comprehensive Tax Reform Remains a Top Priority for Key Members

Congressional Consideration Continues, Including Provisions That Would Impact the Real Estate Industry - The House Ways & Means Committee is currently holding Member-level discussions on tax reform and is in the...more

Foreign Investors In REITs: Opportunities Under FIRPTA Reform Proposals

Real estate investment trusts (REITs) have long been a tax-efficient vehicle for foreign persons seeking to invest in U.S. real estate. Now, two legislative proposals titled the Real Estate Investment and Jobs Act of 20131...more

How Educational Institutions Can Capitalise on Real Estate Assets

With investment pouring into the education sector, academic institutions have never been in a stronger position to capitalise on costly real estate assets to fuel future expansion. Research suggests the public and private...more

Let’s Make a Deal! Is there a Better Way to Structure U.S. Private Equity and Real Fund Investments for Foreign Investors?

Overview - Sophisticated tax structuring is generally involved in the investment activities of foreign private and sovereign investors in U.S. private equity and real estate investments that generate effectively...more

Downsizing Your Home for Retirement

If your kids are grown and you are still living in a large, empty nest, downsizing is a natural consideration, especially when the kids and grandkids don’t stay overnight on a regular basis. Downsizing before retirement is a...more

The High Price of Imprecision: An Examination of the Enforcement of Letters of Intent Under California Law

Letters of intent and other similar pre-contractual documents, such as term sheets or memorandums of understanding, are used extensively in California real estate transactions as a means for negotiating parties to demonstrate...more

Rating Agency Developments - July 03, 2013

On June 27, Fitch released its criteria for rating securitizations in emerging markets. On June 26, S&P released a request for comment on its proposed criteria for rating real estate companies. Comments must be submitted by...more

Cash Deals, French Interest Increasing In South Florida Real Estate Market

Bienvenue! Bienvenido! Bem-vindos! Welcome to Miami – where cash is king - Buyers from across the globe continue to hone in on South Florida as a hot market for real estate investment....more

Scion Breckenridge Managing Member, LLC v. ASB Allegiance Real Estate Fund, No. 437, 2012 (Del. May 9, 2013)

In this en banc opinion, the Delaware Supreme Court affirmed the Court of Chancery’s reformation of three real estate joint venture agreements, based on unilateral mistake by one joint venture party and knowing silence by the...more

Tax-Efficient Capital Vehicles for Unregulated Utilities: REITs, MLPs and Up-Cs Considered

Over the last several years, a confluence of political and market developments have made capital for renewable energy projects harder to come by, which has affected the ability of unregulated affiliates of public utilities...more

FINRA Provides Guidance on Communications with the Public Concerning Unlisted Real Estate Investment Programs

The Financial Industry Regulatory Authority (FINRA) has issued Regulatory Notice 13-18 (Regulatory Notice) to provide guidance to member firms on communications with the public concerning real estate investment programs that...more

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service...more

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

FINRA recently signaled a continuing focus on the marketing of real estate-related products by issuing a Regulatory Notice expressing concerns about communications involving unlisted, or non-traded, real estate investment...more

Corporate and Financial Weekly Digest - May 10, 2013

In this issue: - SEC Roundtable Discusses Current Securities Law Topics at 33rd Annual Ray Garrett Jr. Corporate and Securities Law Institute - SEC Reopening Comment Periods for Certain Rulemaking Releases and...more

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

FINRA’s concern with the marketing of real estate-related products is reaching fever pitch. Its recent Regulatory Notice draws recent reviews of communications and findings in recent FINRA disciplinary actions, and gives...more

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