Family Owned Real Estate: Managing Lack of Planning in Family Business Transitions
Family Owned Real Estate: Impacts of the Current Real Estate Market on Transition Planning
Family Owned Real Estate: Avoiding Pitfalls When Transitioning Family Real Estate
Family Owned Real Estate: Common Real Estate & Asset Management Issues
Family Owned Real Estate: Legal Challenges & Opportunities
Commercial/Retail Therapy: Assessing the Pandemic’s Impact on Real Estate
What Does UCRERA Mean For Creditors? [More with McGlinchey Ep. 13]
Allen Matkins/UCLA Anderson Forecast Winter/Spring 2015: No Signs of Slow Down in California's Office Real Estate Market
When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and...more
This fourth instalment of our five-part series examines some of the key tax considerations that arise in structuring and negotiating European back-leverage transactions....more
A pair of recent tenant-friendly bankruptcy court decisions have (1) limited the scope of landlord priority expense claims, and (2) made it easier for a tenant in bankruptcy to assume and assign a lease over its landlord’s...more
Rescission is an equitable remedy that restores parties to a contract to their former status by undoing the original transaction. Until recently, proving the landlord’s material breach to rescind a commercial lease was...more
In the balance of power between landlords and tenants, the risk of default is usually higher for the tenant. While many landlords have accrued wealth and invested in low-risk assets, many tenants are embarking on a new...more
In 8750297 Canada Inc. v. Ambassador Realty Inc. (2025 ONSC 5479) (“Ambassador Realty”), the Ontario Superior Court of Justice considered whether a long-standing commercial tenant that missed a renewal deadline could...more
First-time multifamily buyers in Chicago often focus on price, neighborhood and cap rate but miss legal and compliance issues that silently add cost, delay closing or create post-closing liability. Below are the most common...more
In today’s higher‑rate, low‑tolerance market, legal issues and ambiguities in due diligence quickly show up in a buyer’s or lender’s model as lower loan proceeds, required cash set‑asides, and delays....more
In Innovation Pharmaceuticals Inc. v. Cummings Properties, the question before the Appeals Court was whether the plaintiff, Innovation Pharmaceuticals Inc. (“IPI”), provided sufficient notice to its landlord, defendant...more
This third instalment of our five-part series offering insights into CRE back-leverage examines the terms most frequently negotiated when documenting back-leverage transactions in Europe....more
Tenant estoppel certificates play a critical role in commercial real estate transactions by providing purchasers and lenders with direct confirmation from tenants regarding key lease terms. In many respects, estoppels operate...more
Introduction - Tenant estoppel certificates play a critical role in real estate transactions. Whether you are a purchaser, lender or tenant, you have likely encountered these documents. This bulletin highlights four...more
The Letter of Intent (LOI) is where you set the business deal. The lease is where the lawyers argue over the details. If the LOI is vague or one-sided, you’ll either overpay in the lease or burn a ton of time and fees trying...more
In a win for commercial real estate investors and lenders, the Appellate Court of Maryland clarified this month that a buyer who purchases property at foreclosure may recover for post-sale damage to the property by the prior...more
In 2025, Israeli real estate taxation was characterized by strict adherence to statutory requirements: reliefs, exemptions, and lower tax brackets were granted only when the conditions prescribed by law were met, within the...more
Key Takeaways - Homelessness and vandalism are distinct issues. Retailers should differentiate between lawful, non-threatening presence and conduct that warrants security or law enforcement involvement, such as vandalism,...more
In Ville de Dollard-des-Ormeaux v. 4164717 Canada inc., 2025 QCCS 4117, the Superior Court of Quebec examines the liability of the City of Dollard-des-Ormeaux, accused of obstructing the completion of a major real estate...more
1. INTRODUCTION The recent High Court judgment in Romal Capital (C02) Limited ("Romal") v Peel Ports Limited ("Peel") is a rare case in which the courts considered the extent of "reasonable endeavours" obligations to assist...more
Most leases require a tenant to provide some form of security. In a residential context, this could be a cosigner or a cash security deposit. In commercial leasing, the lease security is usually in the form of either a cash...more
In the world of commercial real estate litigation, we deal frequently with agreements — leases, licenses, reciprocal easement agreements — made decades ago that may not correspond to contemporary practices....more
At last, a decision that examines the consequences of a tenant of assuming a landlord’s obligations regarding repairs and maintenance, as well as the applicability of holdover rent....more
Last week, there were a few per curiam affirmances in Florida that reinforce important principles for those litigating in the real property space, as well as some decisions in the landlord-tenant context. Additionally, a...more
Ground leases are a unique and complex form of real estate transaction that offer distinct advantages and challenges for both landlords and tenants. Unlike traditional leases that involve the short-term leasing of land and...more
In this multipart series, we are examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. Our prior posts addressed negotiating...more
On October 21, 2025, in 1995 CAM LLC v. West Side Advisors, LLC, the New York Court of Appeals delivered a ruling concerning a guarantor’s liability under a “good guy” guaranty....more