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Commercial Real Estate Updates

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case

by White and Williams LLP on

On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018). This replaced an earlier opinion dated April 7,...more

Minnesota Modifies MLO Licensing Requirements

by Weiner Brodsky Kider PC on

The state of Minnesota recently amended its mortgage loan originator (MLO) licensing provisions to now require individuals to take the Nationwide Multistate Licensing System and Registry’s (NMLSR) National Test Component with...more

Choice-of-laws Clauses

This is one of a series of blog posts discussing typical “boilerplate” terms and how they impact real estate contracts. Choice-of-Law Clauses - Choice-of-Law clauses usually read something like the following: The...more

Five Things to Remember When Repossessing Abandoned Rental Property

by Faegre Baker Daniels on

Dealing with a delinquent tenant can be one of the most stressful scenarios for a commercial landlord or developer. It’s no secret that tenants who cannot or will not pay rent (or otherwise perform according to the parties’...more

Governor Baker Submits List of 138 Opportunity Zones to U.S. Treasury

by Bowditch & Dewey on

On April 19, 2018, the Commonwealth’s Executive Office of Housing and Economic Development announced that Governor Baker submitted a list of Opportunity Zone designations to the U.S. Treasury. The full list of Massachusetts...more

Most Agreements for Sale of Shares No Longer Stampable

by Allen & Overy LLP on

Stamp duties for agreements for the sale of shares or any interest in shares were remitted with effect from 11 April 2018 except where the shares to be transferred are in property-holding entities. Duty remains payable on the...more

New Regulations Require Disclosure of Energy Use in Certain Buildings

On March 7, 2018, the California Energy Commission (CEC) implemented the regulations behind California Assembly Bill 802 (AB 802). AB 802 directed the CEC to create a statewide building energy use benchmarking and public...more

What's on the radar for real estate?

by Hogan Lovells on

In this short guide, we have highlighted some of the key legal changes that are on the real estate radar in a variety of international jurisdictions. Please see full Publication below for more information. ...more

Large Buildings Owners Must Provide Energy Usage Information to the California Energy Commission by June 1, 2018

by Morrison & Foerster LLP on

This March, the California Energy Commission (CEC) promulgated regulations implementing the energy “benchmarking” requirements of AB802 (2015). Subject to limited exceptions, owners of commercial buildings 50,000 square feet...more

West Coast Real Estate Update - May 2018

by Holland & Knight LLP on

New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more

A Stolen Strad and Squatter’s Rights

What is Adverse Possession? Adverse possession is an ancient legal concept, going back at least to ancient Roman law, but the US concept of adverse possession comes from English common law. The concept of adverse...more

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

by Farrell Fritz, P.C. on

It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. ...more

Taking Your Real Estate Investments “On Tour”

Consider that you are a professional violinist who lives in Maryland. To build your career as a solo violinist you are planning your first tour to Pennsylvania and Ohio, and you need to attract local audiences in those...more

Momentum Growing in the Effort to Adopt a Uniform Receivership Law

by Allen Matkins on

In a November 2017 alert, we discussed the recent effort in support of the adoption of the Uniform Commercial Real Estate Receivership Act (“Act”), which would allow receivership property sales free and clear of liens, impose...more

Tax Cuts and Jobs Act Changes Considerations in Section 1031 Exchanges

In a “Sizing Up in Violins and Investment Real Estate,” another post in the Orchestrating Real Estate series, I discussed how buying increasingly larger (and more expensive) violins compares to real estate investments. I...more

Global Trend: Smart Buildings

by DLA Piper on

The real estate sector has recently been marked by the advent of "PropTech". PropTech (or property technology) has been described as a "new explosive wave of innovation", seeing start-up companies pioneer technological...more

7 Most Frequently Asked Questions About Opportunity Zones

by McNair Law Firm, P.A. on

Qualified Opportunity Zones were included as part of the Tax Cuts and Jobs Act which became law in December 2017. The zones were originally introduced as the Investing in Opportunity Act sponsored by South Carolina Senator...more

Real Estate Firms in the Digital Advertising Era: Are You Thinking about the Risks?

Digital advertising is exploding. In just the first six months of 2017 alone, internet advertising revenues exceeded $40 billion. Promoted ads are dominating social media platforms like Facebook and Twitter, and it is...more

Wisconsin Passes New Mortgage Payoff Requirements

by Weiner Brodsky Kider PC on

The Wisconsin State Assembly recently passed a bill amending the current law regarding mortgage payoff statements. Under the new law, a secured creditor now has options to qualify a payoff amount, provided that the interest...more

Pennsylvania Publishes Guidance Regarding New Repatriation Tax

by Ballard Spahr LLP on

The Pennsylvania Department of Revenue (the Department) published an Information Notice setting forth its position as to how the repatriation income and deduction under Section 965 of the Internal Revenue Code (the Code) (the...more

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

by White and Williams LLP on

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

State Of Florida May Change Submerged Land Lease Rules And Costs

by Carlton Fields on

The Florida Board of Trustees of the Internal Improvement Trust (BOT) has publicly noticed a rulemaking workshop to discuss proposed revisions to the administrative rules governing sovereign submerged land leases. The...more

A Crack In The Courthouse Doors For Marijuana Related Businesses And The Availability Of Bankruptcy Protection

by SmithAmundsen LLC on

A recent decision from the Bankruptcy Appellate Panel of the Ninth Circuit is another in a small, but growing line of cases finding that bankruptcy cases need not be mandatorily dismissed simply because they touch upon...more

Blockchains and Land Title Records

Blockchains, best known as the technology behind digital currencies such as Bitcoin and Ethereum, are beginning to be implemented in a variety of commercial applications. The technology is attracting not only financial...more

When it Looks Like a Strad but Isn’t: Protecting Yourself from Wire Fraud in Your Real Estate Transaction

Fine violins do not have serial numbers, but they do typically have a label inside identifying the maker and frequently the year and location where the violin was made. Many violin makers, or luthiers[i] as they are known,...more

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