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Real Estate Investments Contract Terms

Awatif Mohammad Shoqi Advocates & Legal...

Facing Unrepaired Defects in Your Villa? Enforcing Your Rights Against the Contractor

When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects. However, issues may arise where defects remain unresolved despite...more

BCLP

Settlement Showdown - Have You Really Settled Your Claim?

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In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed....more

Goodwin

Subscription-Secured Credit Facilities: Recent Developments in the US Market and Considerations for Real Estate Funds

Goodwin on

Fund-level subscription-secured revolving lines of credit are a well-established instrument in the toolkits of a variety of private equity fund sponsors and managers, including for venture capital funds, hedge funds, debt...more

BCLP

Preparing for a Corporate Real Estate Sale: Top 10 Tips

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As our colleague John Bennett has recently commented in his insight, hopeful undercurrents remain about the potential of increased activity in the real estate investment market for 2024. When the penny does drop, a highly...more

Hinckley Allen

Ensuring Seller Accountability: Post-Closing Options for Buyers

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When it comes to real estate transactions, buyers are protected by the Purchase and Sale Agreement which operates as a contract between the buyer and seller. Purchase and sale agreements typically contain numerous...more

Stoel Rives LLP

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

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Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more

Benesch

Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring, and Practical Considerations

Benesch on

The real estate joint venture (JV) is an investment vehicle that marries investment or development competence on one hand with capital on the other to invest in a real estate platform. The investment or development competence...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 2, 2022

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We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

BCLP

10 things you should know when investing in Germany or England and Wales

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In what ways can ownership in Real Estate be acquired? In Germany - The most common way to obtain ownership in German real estate under German Law is in the form of absolute ownership. Pursuant to statuary law, absolute...more

Whitman Legal Solutions, LLC

Management of an “Accidental” Tenancy-in-Common

When it comes to tenant-in-common real estate (TICs), there are professionally-managed TICs assembled by a sponsor and sold to investors, usually to facilitate section 1031 exchanges. These TICs include a tenant-in-common...more

Cadwalader, Wickersham & Taft LLP

Real Estate Reserves October 2021 - Basics of Reserves

Reserves are amounts deposited with a lender as security for an obligation expected to occur at a future date, and can serve various functions. The following is an overview of typical reserves in a real estate finance...more

Allen Matkins

Is A Restriction Tantamount To A Prohibition?

Allen Matkins on

The Davis-Stirling Common Interest Development Act, Cal. Civ. Code § 4000 et seq., regulates condominium developments and other common interest developments (CIDs) in California.    Section 4740(a) states that an owner of a...more

Lowndes

Critical Elements of Tenant Estoppel Letters

Lowndes on

If you are an investor buying a leased property, you are undoubtedly looking to the rental income as the return on your investment, in addition to the appreciation in the value of the property that is likely to occur over...more

Womble Bond Dickinson

Using a Prenegotiation Agreement as Part of Lease Restructuring

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In our new COVID world, many leases are being restructured. Some are in response to tenant defaults and are appropriately considered lease “work-outs”. Many others will likely need to be amended to adjust to a post-COVID...more

Patton Sullivan Brodehl LLP

Where Can a Wronged Deed of Trust Investor Sue?

When any real estate investment deal goes badly and ends in litigation, there are many reasons why a potential plaintiff may prefer one forum versus another, including the location of witnesses and documents, location of...more

Dechert LLP

COVID-19 Coronavirus: Facing a Global Challenge: Key Considerations for Fund Managers

Dechert LLP on

The outbreak of the COVID-19 coronavirus is causing business disruption on an unprecedented scale. After more than a decade of sustained economic growth, market volatility and central bank intervention has returned. ...more

Allen Matkins

Tactics to Avoid Unanticipated Post-Closing Leasing Costs

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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

McDermott Will & Emery

Gesetzentwurf zur Neuregelung des Schriftformerfordernisses im Mietrecht beschlossen

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Die Möglichkeit zur vorzeitigen Kündigung von langfristigen Mietverträgen bei Verstößen gegen die gesetzliche Schriftform schafft seit vielen Jahren erhebliche Rechtsunsicherheiten und Unfrieden für Immobilieninvestoren,...more

Williams Mullen

[Webinar] Real Estate Considerations for M&A Transactions - June 18th, 11:30am ET

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The second program in our new webinar series will outline the key real estate concerns within your M&A transaction. In particular, our speakers will review best practices in structuring a transaction, negotiation and closing...more

Whitman Legal Solutions, LLC

Replacing Bow Hair and Contract Provisions

What is a Contract Amendment and Why Have an Amendments Clause? A contract amendment is a change in a contract after it has been signed. Amending a contract is similar to taking a bow in for rehairing. When a bow is...more

Whitman Legal Solutions, LLC

Swapping Violin Bridges and Contract Parties

What are Successors and Assigns Clauses? - Similar to swapping out violin bridges, assignment and successor clauses in contracts describe under what circumstances parties may be substituted in a contract. A typical...more

Whitman Legal Solutions, LLC

What’s in Your Orchestra? Evaluating the "Bundle of Sticks" in Your Real Estate Transaction

Acquiring commercial real estate is a lot like an orchestra in that purchasing real estate consists of purchasing many more assets than meets the eye. When you buy commercial real estate, you know you are getting the land and...more

Bilzin Sumberg

Cómo los desarrolladores inmobiliarios del sur de Florida están reduciendo el riesgo de litigios

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En los días previos a la Gran Recesión de 2008, las propiedades en todo el sur de Florida se compraban solamente para ser revendidas posteriormente con una ganancia. Este “intercambio” de propiedades culminó en un mercado...more

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