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Commercial Real Estate Contracts Contract Drafting

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

McDermott Will & Emery

[Webinar] Deal Academy 2024: Data Center – Erwerb und Vertragsgestaltung - March 20th, 9:30 am - 10:30 am CET

We would like to invite you again to our McDermott Deal Academy. This time, our online seminar will focus on the real estate asset class “data centers”. Our real estate and regulatory experts would like to discuss the...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

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FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....more

Goulston & Storrs PC

Efforts Clauses - Drafter Beware

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Efforts clauses - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The “Art” of Negotiating a Commercial Real Estate Mortgage Loan Term Sheet

When a borrower is seeking real estate financing, there is invariably timing pressure to solidify a mortgage loan term sheet (on occasion, in the form of a loan commitment or loan application), so that the next steps in the...more

Whitman Legal Solutions, LLC

Contract Drafting Fundamentals – Modernizing Execution and Delivery Provisions

And unlike with music, the execution of a contract doesn't involve how the contract is performed. Rather, execution is the kindling that brings the contract to life. At its simplest level, contract execution is how the...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

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

Schedules, Exhibits, and Addenda–How They Differ and Pitfalls to Avoid

Real estate leases, purchase contracts, and contracts frequently include “codas” or “finales,” such as exhibits, schedules, and addenda, attached at the back. Just as it’s vital that musicians follow the composer’s...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

Jaburg Wilk

That’s Ambiguous – No It’s Not

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As hard as real estate agents, title companies, attorneys, and anybody else who drafts contracts, may strive for perfection in their drafting, it is not unusual for the finished product to include a provision that is...more

Whitman Legal Solutions, LLC

Coronavirus—Contract Material Adverse Change Provision

Unfortunately, most real estate purchase contracts weren’t up to the task of addressing circumstances as unexpected as a swiftly moving world pandemic. Although many contracts have force majeure clauses, few real estate...more

Whitman Legal Solutions, LLC

Representations, Warranties, and Covenants

The distinctions between the dealer’s representations, warranties, and covenants, seem obvious in a violin purchase. Yet, many parties and even attorneys mix them up when writing real estate contracts. This article discusses...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

Shutts & Bowen LLP

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

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Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate...more

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