Law School Toolbox Podcast Episode 392: Listen and Learn -- Recording Statutes (Real Property)
Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company
Whether and when to notify employees about a hotel sale is often overlooked during hotel acquisitions and is often viewed as solely an HR matter. In practice, however, compliance with mandatory employee notification...more
Rights of first refusal (“ROFR”) and rights of first offer (“ROFO”) are restrictive covenants that a property owner (“Owner”) can place on their property granting a third party (“Holder”) the right to purchase that property...more
In Chicago and throughout Illinois commercial real estate acquisitions, the letter of intent (LOI) often sets the tone for the transaction. A weak LOI often creates two negotiations. First, you negotiate the LOI, then you...more
Mortgage loan purchase agreements govern the sale of residential loans from originators to purchasers in the secondary market. The parties seeking to purchase loans typically are the drafters of these agreements, and thus the...more
Why do lawyers draft that way? Sometimes habit. Sometimes market. Rarely because anyone checked the case law. What the Clause Is Supposed to Do- When a buyer and seller sign a purchase and sale agreement in a real...more
Due diligence is a comprehensive, complex, and critical stage in any commercial real estate acquisition. You don’t want to leave any stone uncovered, and you want the most time available to review all documents and look for...more
Private company buyers and sellers are more frequently using earnout provisions to help close the gap when they disagree over the price to be paid for the purchase/sale of the company....more
For residential sales transactions in Florida, one contract form gets used more than any other –the Florida As Is Residential Contract for Sale and Purchase. The drafters intended it to be simple: just fill in the blanks. ...more
In a multipart series, we're 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
Ambulatory surgery centers (ASCs) sit at the intersection of healthcare operations, real estate, and a fast‑changing regulatory landscape. For physicians and investors, that means every ASC project is really two deals running...more
Senior housing transactions sit at the intersection of real estate, healthcare regulation, and resident care, making them fundamentally different from other commercial real estate transactions. Institutional investors are...more
The Plenary of the Congress of the State of Nuevo León in Mexico recently approved a reform to the local civil code through which the figure of real estate pre-sales is expressly regulated, a practice widely used in projects...more
The Alabama Alcoholic Beverage Board, or the ABC, is the agency that issues licenses to manufacture, sell at wholesale, and sell at retail alcoholic beverages including beer, wine, and spirits. Each license that is granted...more
As of January 1, 2026, a significant change to Washington real estate law has taken effect that may directly impact how buyers approach off-market acquisitions—specifically, RCW 61.40.010 creates a new “appraisal...more
The Texas Business Court has made it clear that in order to satisfy its amount in controversy jurisdictional threshold when only unpaid royalties are sought under a breach of contract claim, the amount in...more
With aircraft trading having surged post-pandemic, this Aircraft Trading 101 guide distils the essentials of aircraft acquisitions and disposals looking at title transfers, aircraft positioning, airline negotiations, due...more
Depuis le début de la pandémie de COVID-19, de plus en plus d’éléments que l’on trouve couramment dans des opérations de fusion et acquisition (« F&A ») sont intégrés aux opérations immobilières. En raison des perturbations...more
In one of the first written opinions from the Texas Business Court interpreting Texas contract law, City Choice Group, LLC v. TMC Grand Blvd Land Company, LLC (“City Choice”), the Court’s analysis offers early insight into...more
In Park7 Student Housing, LLC v. PR III/Park7 SH Holdings, LLC, the Delaware Court of Chancery held that a purchase agreement’s integration clause, which lacked anti-reliance language, barred the buyer’s fraudulent inducement...more
Ohio Supreme Court Clarifies Sellers’ Disclosure Obligations: No Duty to Disclose Publicly Recorded Easements - Ashmus v. Coughlin, 2025-Ohio-2412 - The Ohio Supreme Court has ruled that sellers are not required to disclose...more
Uncured code liens prevent the seller from delivering marketable title, which is a mandatory requirement that can cause the entire transaction to fail. Sellers must proactively identify and secure final, fully-executed...more
In a multipart series, we're examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. The first post in our series offered...more
In a multipart series, we're examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. This first post in our series offers...more
Defendants – five oil and gas operators – challenged a venue selection clause requiring that suits be filed in Nueces County for disputes over La Salle County acreage. In In re INEOS USA Oil & Gas LLC, a Texas Court of...more
If you are considering buying distressed real estate, taking the time to thoroughly evaluate the property is one of the most important steps you can take to protect your investment. This process, known as due diligence,...more