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Sellers Purchasers

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Who is the Importer of Record: Security Interests and the Right to Act As IOR

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Lasher Holzapfel Sperry & Ebberson PLLC

Residential Sellers and Purchasers Beware: One Year Limitation to File Suit Under a Residential Construction Contract Held...

This past fall, in a split 5-4 decision, the Washington Supreme Court ruled that a one-year limit to file suit under a residential construction contract was unconscionable and, as a result, void and unenforceable. Tadych v....more

Cadwalader, Wickersham & Taft LLP

Securities Litigation Alert: Second Circuit Adopts Restrictive View of Purchaser-Seller Rule, Limiting Section 10(b) Standing to...

Looking back, 2022 was light on groundbreaking appellate-level securities decisions.  The U.S. Court of Appeals for the Second Circuit, however, closed out the year with a notable decision in Menora Mivtachim Insurance Ltd....more

Bennett Jones LLP

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

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The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

Jaburg Wilk

Who is Entitled to “Notice” Under the Revised Purchaser Dwelling Act?

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As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Clauses in Commercial Real Estate Contracts in Mississippi

Mississippi courts generally have found liquidated damages provisions in contracts for the sale and purchase of commercial real estate to be enforceable. The law in this area, however, is muddied by two factors. First, the...more

Dickinson Wright

A Reminder to Purchasers of the True Cost of Not Closing – It’s not “Just the Deposit”

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In Prowse v. Noroozi 2021 ONSC 3099 (CanLII), Justice McCarthy of the Superior Court of Justice recently granted summary judgment for $806,380.59 against a purchaser of a luxury home in King City (the “Property”) in an...more

King & Spalding

LIBOR Transition: Challenges for Islamic Finance Transactions

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On 5 March 2021, the UK’s Financial Conduct Authority (the FCA) announced that all LIBOR settings will either cease to be provided by any administrator or will no longer be representative by 31 December 2021 or, for some...more

Wiley Rein LLP

H.R. 1: Digital Ad Regulation and Foreign National Prohibitions: What Political Advertisers and Ad Platforms Need to Know

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This is the second episode in a series of podcasts on H.R. 1, a bill that has been introduced in Congress that will affect campaign finance, lobbying, ethics, and voting laws. In this episode, Election Law Special Counsel...more

Pillsbury Winthrop Shaw Pittman LLP

Carbon Emissions and the Recent Climate Mobilization Act of New York City

The new Presidential administration has set off a renewed emphasis on sustainability and climate change. While owners and other stakeholders involved in New York City real estate have been grappling with many of these issues...more

Troutman Pepper

Requirements for Assigning and Transferring Government Leases

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When selling a multitenant property, it is common for sellers and purchasers to enter into a basic assignment and assumption agreement to assign the seller’s interest, as landlord, in all of the leases at the property to the...more

White & Case LLP

Sale and Triple Net Leasebacks: On the rise or doomed to the history books?

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On 1 January 2019, International Financial Reporting Standards 16 came into effect, which introduced a change in reporting requirements for operating leases (such as leaseback leases). But has this had the negative effect on...more

Bradley Arant Boult Cummings LLP

Aircraft Purchase, Ownership and Operation: Protecting the Interests of a Family Business Owner – Part 2

As discussed in Part 1 of this series, the first step in purchasing a private aircraft typically involves the preparation of a letter of intent (LOI) or other nonbinding offer for the purchase of the aircraft. The LOI sets...more

Holland & Knight LLP

ASBCA Enforces Contractor’s Commercial Software License Against Government

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The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms...more

Bradley Arant Boult Cummings LLP

Aircraft Purchase, Ownership and Operation: Protecting the Interests of a Family Business Owner – Part 1

Access to private aircraft can provide productivity and other benefits for a family-operated business and improve the quality of life for the business owner and his family. However, purchasing, owning and operating a private...more

Snell & Wilmer

Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

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On November 14, 2017, the Court of Appeals (Division 1), in Offerman v. Granada, LLC, 2017 WL 5352664, reversed a trial court order directing specific performance of an alleged option to purchase real property, holding that...more

Lewitt Hackman

FRANCHISEE 101: Squeezed at the Pump

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Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

Jaburg Wilk

Arizona’s New Construction Defect Law is Effective the Summer of 2015

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On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more

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