News & Analysis as of

Real Estate Transactions

Oliva Gibbs LLP

Reservation or Limitation on Warranty? Navigating the Fine Line — Lessons from Valence Operating Co. v. Davidson

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In Valence Operating Co. v. Davidson1, the Court of Appeals for the Sixth Appellate District of Texas at Texarkana addressed whether the provision, “all Oil, Gas and other Minerals have been excepted and reserved by former...more

Lasher Holzapfel Sperry & Ebberson PLLC

What You Need to Know About Washington’s New Estate Tax Break for Family Homes

Washington state recently enacted some changes that may impact married couples and registered domestic partners. Under the new Spousal Personal Residence Exclusion, when a spouse/partner passes away on or after January 1,...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Dismisses Appeal Seeking to End Senterra’s “Rolling Analysis”

In Senterra Ltd. v. Winland, 2019-Ohio-4387, Ohio’s Seventh District Court of Appeals held that an examiner, after identifying the root of title and finding that an exception to marketable record title applies, should review...more

Bilzin Sumberg

Key Considerations for Solar Panel Rooftop Leases

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Solar panel rooftop leases have become increasingly popular among real estate owners in Florida, and beyond, as an additional revenue generator for commercial properties, in large part because owners often perceive them as...more

Mayer Brown

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

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In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow...more

Ballard Spahr LLP

HUD further revises servicing and claims requirements and loss mitigation options

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In January 2025 the U.S. Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2025-06 revising servicing and claims requirements and loss mitigation options for FHA insured mortgage loans effective...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: Key Real Estate Considerations for Data Center Development

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A rapidly growing area in the real estate industry is the development and operation of data centers. This growth market comes with its challenges for real estate developers and investors, and of course, the attorneys...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: The Number One Cybersecurity Threat Facing the Real Estate Sector

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When we talk to clients about cybersecurity, it tends to conjure up images of ransomware, systems that are encrypted and inaccessible, and stolen data. For the real estate sector, ransomware isn’t the largest cybersecurity...more

Houston Harbaugh, P.C.

Drawing the Line Somewhere

Houston Harbaugh, P.C. on

What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

Farrell Fritz, P.C.

Sales of Real Estate Involving Non-U.S. Sellers – FIRPTA Considerations for Both Parties

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Transactions involving the disposition of a U.S. real property interest (“USRPI”) by a foreign person (i.e., a nonresident alien individual or foreign entity, the seller) are subject to the Foreign Investment in Real Property...more

Pullman & Comley - For What It May Be Worth

New Connecticut Appeals Board for Property Valuation Proposed

Senate Bill No. 1556 has been introduced proposing to create a new Connecticut Appeals Board for Property Valuation (the “Board”).  If the bill is adopted, the Board would be constituted this year to hear appeals from the...more

Farrell Fritz, P.C.

Stated Purpose vs. Stated Problem: Court Sticks to the Script for LLC Dissolution

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It’s been 15 years since the Second Department’s decision in Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121, 2010 NY Slip Op 00688 (2d Dept Jan. 26, 2010), which established the standard for judicial dissolution of limited...more

Harris Beach Murtha PLLC

New Reporting Requirement for Certain Residential Real Estate Transfers

Effective December 1, 2025, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) will implement new rules for non-financed residential real estate transfers. The purpose of the rule is to increase...more

Partridge Snow & Hahn LLP

What We’re Watching: Peebles, et al. v. JRK Property Holdings, Inc.

What We’re Watching:  Peebles, et al. v. JRK Property Holdings, Inc. Massachusetts SJC hears arguments on what is “Reasonable Wear and Tear” under the Security Deposit Statute - On April 7, 2025, the Supreme Judicial Court...more

Brownstein Hyatt Farber Schreck

California Residential Landlords to Be Required to Photograph Units

Changes to California law (specifically, Cal. Civ. Code Section 1950.5(g)-(h)) effective this year will obligate residential landlords to photographically document the condition of rental units at the outset and conclusion of...more

Goulston & Storrs PC

Navigating Tariff Risk in Construction and Development Deals

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Tariff Policy Shifts Introduce New Real Estate Risks - Over the past few months, there have been significant changes to tariffs by the United States and other countries around the world....more

Gray Reed

What’s the Difference Between a Mineral Reservation and an Exception?

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The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Dickinson Wright

The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

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In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only...more

Paul Hastings LLP

Daily Financial Regulation Update -- Wednesday, April 16, 2025

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April 15, 2025 - The Federal Reserve Board, Federal Deposit Insurance Corporation, National Credit Union Administration and Office of the Comptroller of the Currency temporarily paused certain appraisal requirements for...more

Hogan Lovells

UK/US ESG Real Estate Update

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In our latest ESG update, Trevor Adler from our New York office considers green leasing in the U.S. and Paul Stones provides us with a snapshot of how rooftop solar arrays are being dealt with in the landlord and tenant...more

Allen Matkins

What is the outlook for the office sector right now?

Allen Matkins on

“The 'flight to quality' continues. Office building landlords with space available in upscale buildings (with state-of-the-art amenities) located in hot submarkets are very active right now. Most companies have realized...more

Ballard Spahr LLP

Legislation to prohibit ‘trigger leads’ in mortgage industry reintroduced in House, Senate

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Legislation to prohibit so-called “trigger leads” in the homebuying process once again has been reintroduced in the House and Senate....more

Gray Reed

Texas Court Shields Severed Mineral Interests from Tax Foreclosure Judgment

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In Bush v. Yarborough Oil & Gas, LP a decades-old tax foreclosure judgment did not affect a previously severed mineral interest not owned by the delinquent taxpayer. The mineral owners were neither named nor served in the...more

Moore & Van Allen PLLC

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

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Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled...more

Segal McCambridge

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

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Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

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