A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more
10/11/2022
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Buyers ,
Commercial Litigation ,
Commercial Real Estate Contracts ,
Contract Terms ,
Florida ,
Landlords ,
Materiality ,
Option Contracts ,
Purchase Agreement ,
Real Estate Transactions ,
Sellers ,
Tenants
Much has been written about commercial real estate in a post-Covid world. As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future...more
9/24/2020
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Infectious Diseases ,
Landlords ,
Rent ,
Rental Property ,
Tenants
Due to COVID-19, parties to commercial contracts are invoking force majeure clauses. Chances are, parties to Florida real estate contracts didn’t give much thought to a force majeure clause when they drafted their agreement,...more
Another new commercial lease case, another instance of drafting being the deciding factor. We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent. To be...more
A common theme of the cases and issues discussed in this blog is that document drafting is at the root of many commercial real estate disputes....more
Many of the topics we cover in this space ultimately come down to problems in drafting. Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more
All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions. And all too often that causes a problem for one of the parties. ...more
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
It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Every commercial lease is...more
When the tenant’s business is made illegal during the term of the lease, the tenant’s business is likely to disappear altogether, leading to a likely default. What that means for the landlord and tenant may come down to...more