This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more
With Hurricane Ian crossing Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that could be...more
CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase of a...more
While we hope the virus will soon be a thing of the past, some contractual provisions and issues are sure to become part of real estate professionals’ new normal. As a result of lessons learned from the pandemic, most real...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance 1 Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase of a...more
Changing the Length of a Limitations Period - Although statutes of limitations may not be a lot like musical motives, both motifs and limitations periods can be both extended and truncated. For instance, Statutes of...more
If a Buyer breaches an Agreement of Sale and refuses to buy the property, can the Seller seek specific performance as a remedy? A 2019 Superior Court decision concluded yes....more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance1 Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase of a...more
Sellers may be liable for damages if actual rent is lower than stated in the rent roll, despite contractual exclusion of liability for defects. The Higher Regional Court of Cologne (HRC Cologne) has ruled that a property...more
In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know...more