A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more
4/9/2025
/ Commercial Leases ,
Commercial Real Estate Contracts ,
Commercial Tenants ,
Construction Contracts ,
Construction Disputes ,
Contract Disputes ,
Contract Negotiations ,
Contract Terms ,
Due Diligence ,
Landlords ,
Permits ,
Property Improvements ,
Tenants
While landlords prefer tenants with the strongest financial positions to sign leases, they may sometimes accept a “shell” entity — created solely to operate the business at the leased premises — provided that an upper-tier...more
1/28/2025
/ Breach of Contract ,
Commercial Leases ,
Contract Negotiations ,
Financial Guarantee Requirements ,
Guarantors ,
Landlords ,
Property Owners ,
Real Estate Transactions ,
Rental Property ,
Risk Management ,
Shell Corporations ,
Tenants
While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more
12/16/2024
/ As-Is Clauses ,
Buy-Sell Agreements ,
Buyers ,
Commercial Real Estate Contracts ,
Commercial Real Estate Market ,
Contract Negotiations ,
Contract Terms ,
Due Diligence ,
Investigations ,
Liability ,
Limitation of Liability Clause ,
Post-Closing Rights ,
Pre-Closing Issues ,
Property Owners ,
Purchase and Sale Agreements ,
Real Estate Transactions ,
Representations and Warranties ,
Sellers
Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request...more
Real estate business owners face unique challenges that many business owners in other industries do not experience. The real estate market climbs and falls, contractor fees and material costs rise with inflation, and high...more
7/23/2024
/ Estate Planning ,
Estate-Tax Exemption ,
Family Businesses ,
Gift-Tax Exemption ,
Holding Companies ,
Life Insurance ,
Liquidity ,
Real Estate Companies ,
Real Estate Holding Companies ,
Real Estate Transfers ,
SLAT ,
Succession Planning ,
Tax Planning
For those of you who question whether an owner’s policy of title insurance is a waste of money, please remember that examining title is still an essential component of due diligence investigations. Real estate investments are...more
6/3/2024
/ Acquisitions ,
Buyers ,
Financial Services Industry ,
Insurance Industry ,
Investigations ,
Investment ,
Investor Protection ,
Mortgage Lenders ,
Policy Terms ,
Property Owners ,
Real Estate Market ,
Scope of Coverage ,
Sellers ,
Title Insurance ,
Title Search
Although a majority of buyers in real estate transactions rely on their own inspections of property, most real estate purchase and sale agreements contain some seller representations and warranties regarding key factual...more
3/28/2024
/ Buyers ,
Commercial Real Estate Market ,
Indemnification ,
Inspections ,
Popular ,
Post-Closing Rights ,
Purchase and Sale Agreements ,
Real Estate Investments ,
Real Estate Market ,
Representations and Warranties ,
Residential Real Estate Market ,
Sellers
Even landlords who conduct in-depth analyses of tenant credit and financial health will experience some tenants who become financially unstable during the term of the lease. In an environment where replacing tenants can be...more
3/12/2024
/ Default ,
Exit Strategies ,
Landlords ,
Lease Termination ,
Leases ,
Relief Measures ,
Rent ,
Rental Property ,
Residential Leases ,
Residential Property Owners ,
Tenants