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Why the NAR Settlement Might Favor Sellers of High-Priced Homes

Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more

Evaluating Real Estate Investments – Planning for 2023

The real estate industry – and much of our economy – is at a point where we must shift. With the pace of inflation and interest rate increases, some of those shifts will be large. And those large shifts may challenge the...more

Interest Rate Increases, Inflation, and the Real Estate Cycle

Real estate finance isn’t complicated. Investors frequently use an income analysis to calculate the purchase price. First, investors decide what percentage return they want on their investment (ROI)....more

FinCEN’s Focus on Money Laundering in Real Estate

As I discussed in Identifying Suspicious Activity in Real Estate Transactions, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) has long had its eye on the real estate industry. As with Hatto’s...more

Identifying Suspicious Activity in Real Estate Transactions

Unfortunately, real estate is too frequently a vehicle for money laundering. This article discusses red flags that real estate investors and real estate professionals and market participants should look for so they can avoid...more

Real Estate Continued to Favor Rule 506(b) Offerings During the Pandemic

Under the Securities Act of 1933 (1933 Act), all securities offerings must be registered with the SEC unless there is an exemption. Registering securities is a costly and time-consuming process requiring SEC review and...more

American Families Plan and Real Estate Investments – 1031 Exchanges

This article is part of a series discussing how the American Families Plan might affect real estate investments. Previous articles discussed how the American Families Plan proposes eliminating the stepped-up basis for many...more

The Real Estate Cycle and What it Means for a Post-Pandemic Market

How Investors Value Real Estate Return on investment (ROI) drives real estate prices. Much of the time, investors calculate value by applying their desired return to net operating income (NOI). For example, if an investor...more

How the Retail Real Estate Sector Must Change to Survive

The COVID-19 pandemic abruptly changed what people need from real estate, whether it be a concert venue, a strip center, or a shopping mall. Savvy retail real estate owners who, like the Music Hall patrons, adapt to tenants’...more

Reimagining Real Estate for the Pandemic and After

During the pandemic, some real estate owners are struggling. Retail assets (other than essentials such as grocery, pharmacy, and gas stations) may experience reduced rental income as tenants go out of business. Demand for...more

What’s the Best Way to Determine the Value of Your Real Estate?

As with violins, real estate owners can obtain different documents regarding a property’s value. Licensed real estate professionals can provide several types of opinions regarding a property’s value. Real estate brokers may...more

Demystifying the Commercial Lease: Base Rent

Like musician compensation, rent in commercial leases can be comprised of many different payments to a landlord. A lease may include base rent, gross rent, additional rent, common area maintenance charges (CAM), ground rent,...more

Demystifying the Commercial Lease: Types of Leases

Like instrumental music parents, business owners also may face numerous commercial real estate lease options. Whether they are entering into their first commercial lease or are expanding their operations, business...more

Moehrl v. NAR and Competition in the Real Estate Industry

For home sales, multiple listing services (MLS) are the main source of information about properties listed for sale. And, buyers cannot access MLS listings on their own, because MLS limits most access to licensed real estate...more

Smart Use of Smart Tech in Commercial Real Estate: Wiretapping Laws

Closed circuit TV now may be streamed into web storage. These cameras can recognize faces and may unlock doors for known individuals. Keyless entry systems have moved from fobs and key cards to phone apps. Motion sensors can...more

What’s in Your Orchestra? Evaluating the "Bundle of Sticks" in Your Real Estate Transaction

Acquiring commercial real estate is a lot like an orchestra in that purchasing real estate consists of purchasing many more assets than meets the eye. When you buy commercial real estate, you know you are getting the land and...more

Cobras, Mortgages, and Violas: What are Your Contracts and Policies Incentivizing?

Recently, I heard a parent express concern that her child had been encouraged by the school music teacher to switch from violin to viola because the orchestra needed more violas. For switching to viola, the child would...more

Orange Groves, Pay Phones, Visas, and Violins: Why Your Real Estate or Business Investment May be Subject to Securities Regulation

A recent Wall Street Journal headline announced “SEC Looks Into Kushner Cos. Over Use of EB-5 Program for Immigrant Investors.” It is not unusual to hear that a company is being investigated by the government over...more

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