News & Analysis as of

Contract Negotiations Real Estate Transactions

Lerch, Early & Brewer

Hiring an Attorney May Save You Money When Looking to Buy a Home

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Buying a home is commonly an individual’s most significant purchase. A buyer will often turn to a real estate agent for guidance during the home buying process, particularly because historically the seller pays the buyer’s...more

Bowditch & Dewey

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

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In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more

Whitman Legal Solutions, LLC

Pay Attention to “Everything Else” in Your Contracts

When reviewing legal documents, it’s easy to become so focused on a particular area that and forget about “everything else.” Each “everything else” item might seem minor, but collectively, “everything else” can make a serious...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Whitman Legal Solutions, LLC

Contract Drafting Fundamentals – Be Careful What You Incentivize

One of my mantras when preparing contracts and company policies is “to be careful what you incentivize. This article discusses the "cobra effect" and why it's critical when preparing legal documents to consider what behavior...more

Lowndes

Basic Elements of Letters of Intent

Lowndes on

Letters of intent (LOIs) are used to summarize the material terms of a proposed transaction, typically involving the leasing or sale of real property. Sometimes called term sheets, letters of interest or deal sheets, LOIs are...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Weintraub Tobin

The Importance and Dangers of Letters of Intent

Weintraub Tobin on

Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less...more

Burns & Levinson LLP

Get Formal Extensions When You Have a “Time is of the Essence” Clause

Burns & Levinson LLP on

In some contracts, a party must meet its obligations by a certain date or forfeit its rights, and some of those contracts also include a “time is of the essence” clause. As most practitioners know, coupling a date for...more

Vinson & Elkins LLP

[Webinar] Anatomy of a Real Estate Joint Venture - June 28th, 12:00 pm - 1:00 pm ET

Vinson & Elkins LLP on

In this program, V&E attorneys will discuss key commercial, legal, and tax issues involved in negotiating, documenting, and closing real estate joint venture agreements....more

Lowndes

Issues for Buyers to Address When Allowing Sellers to Remain on Property after Closing

Lowndes on

The central Florida housing market is still going strong at the moment, with the result that developers are continuing to create new residential subdivisions in traditionally rural areas.  Much of this rural land is comprised...more

International Lawyers Network

Buying and Selling Real Estate in Australia

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

McDermott Will & Emery

[Webinar] Navigating the Labyrinth of the K-Trust: How to Negotiate with Korean Lenders in Loan Restructurings - December 1st,...

McDermott Will & Emery on

Korean lenders have made a significant number of commercial real estate loans in the United States, many of which are now in default. Jin Kim of BridgeRock Capital and Brian Donnelly of McDermott Will & Emery will provide...more

Allen Matkins

Tactics to Avoid Unanticipated Post-Closing Leasing Costs

Allen Matkins on

Potential buyers and lenders evaluate existing leases of stabilized properties and anticipated lease income of value-add projects in determining which assets to acquire or finance. Rental income, whether existing or...more

Troutman Pepper

Factors to Consider in Negotiating Indemnification Provisions

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One of the most negotiated and fundamental provisions in any contract is the manner in which the parties will allocate risk. Also known as an “indemnity” or an “indemnification provision,” these provisions are not commonly...more

Troutman Pepper

Letters of Intent in Commercial Real Estate Leases

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Letters of intent (LOIs) are frequently used by parties to formalize terms for commercial real estate leases. LOIs are implemented in the beginning stages of a transaction to ensure there is a meeting of the minds on major...more

Cozen O'Connor

Don’t Get Grossed Out by a Net Lease

Cozen O'Connor on

A lease is the first foray into real estate for many young entrepreneurs. With the exception of the dorm occupancy contract in college, and possibly a residential apartment lease in graduate school, most entrepreneurs have...more

Whitman Legal Solutions, LLC

Anatomy of a Real Estate Transaction–Pre-Contract Period

Like musical compositions, most real estate transactions share a common pattern. This is the second in a series of articles about the Anatomy of a Real Estate Transaction. This article discusses what happens before the...more

Whitman Legal Solutions, LLC

Anatomy of a Real Estate Transaction – Parts of the Transaction

Real estate transactions are similar to musical forms. Most follow a similar pattern, but like real estate, each transaction is as different as each parcel of real estate, itself.  This is the first in a series of articles...more

Allen Matkins

Five Strategies to Increase Buyer Leverage in Sign-and-Go-Hard Transactions

Allen Matkins on

Sign-and-go-hard transactions have become the new normal in the feverish real estate market of recent years. While standard purchase agreements typically contain a diligence period during which the buyer may terminate the...more

Troutman Pepper

Do I Need a Commercial Real Estate Broker?

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For companies looking to expand into new markets or change locations within the same market, there is always the looming question of whether to engage a commercial real estate broker to help navigate the market or to go it...more

Whitman Legal Solutions, LLC

Fermatas, Grand Pauses, and Alternatives to Holdbacks in Real Estate Transactions

Before the closing, the parties’ attorneys should prepare documents detailing the holdback alternative. The parties should sign these documents at the closing. If there is a purchase price reduction, the parties should...more

Nutter McClennen & Fish LLP

Traps for the Unwary: Text Messages, Authorized Agents, and Binding Letters of Intent

A recent Land Court decision strongly suggests that sellers should proceed with caution when negotiating real estate transactions via email and text messages. In determining whether a contract was formed between two companies...more

Faegre Drinker Biddle & Reath LLP

Do We Have a Deal or Don't We?

How do you know when you’ve reached a final, binding agreement for a real estate transaction? Often one party to a lease, purchase agreement or real estate agreement, or covenant believes the parties have reached a final...more

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