News & Analysis as of

Real Estate Transactions Disclosure Requirements

Flaster Greenberg PC

What You Need to Know About the Consumer Protection Enhancement Act

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In early July 2024, Governor Murphy signed Bill S3192/A4454, also known as the “Real Estate Consumer Protection Enhancement Act” (the “Act”), into law. The Act incorporates certain additional protections for consumers...more

Mayer Brown Free Writings + Perspectives

SEC Director Focuses on CRE Disclosures

As part of a panel discussion at the Practising Law Institute’s 2024 SEC Speaks Conference held on April 2, 2024, the Director of the SEC’s Division of Corporation Finance, Erik Gerding, highlighted several risks and...more

McGlinchey Stafford

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more

Lerch, Early & Brewer

2024 Maryland Community Associations Legislative Update

Lerch, Early & Brewer on

The Maryland General Assembly’s 2024 legislative session saw over 1,400 House Bills and 1,100 Senate Bills introduced, with several new laws passing that will affect community associations beginning on October 1, 2024....more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

Genova Burns LLC on

Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Residential Property Sales/Superfund: Proposed Maryland Legislation Requiring Contract Disclosure of Area National Priority List...

Legislation (“SB 125”) was introduced into the Maryland General Assembly (2024 Session) that would require the seller of any residential property located within 0.5 miles of a National Priority List (“NPL”) Superfund...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

K&L Gates LLP

Real Estate Beneficial Ownership Regulatory Alert: Complying with Foreign Ownership Reporting Requirements in US Real Estate

K&L Gates LLP on

The rise of foreign investment in the United States has renewed concern about tracking foreign inbound investment, as demonstrated by the passage of the Corporate Transparency Act and the expansion of CFIUS's purview with...more

Harris Beach PLLC

New York Amends Property Disclosures to Include Indoor Mold

Harris Beach PLLC on

New York amended its Property Condition Disclosure Statement to include the disclosure of indoor mold. This change takes effect today, June 14, 2023, and applies to the sale of residential property, unless the transaction is...more

Barnea Jaffa Lande & Co.

Buying an Apartment “On Paper” – Caveat Emptor?

In the Supreme Court’s 67-page ruling, the judges explain the liability and responsibility of “on paper” apartment sellers to actively disclose material information about the apartments they sell. The Supreme Court determined...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

Goodwin

Goodwin REIT Alert: REIT Disclosure Requirements When Acquiring or Disposing of Real Estate Operations

Goodwin on

When a public REIT acquires or disposes of real estate, the transaction may trigger financial disclosure requirements under SEC rules and guidance. Specifically, Rule 3-14 of Regulation S-X (“Rule 3-14”) sets forth the...more

A&O Shearman

Real Estate Investment in the Age of Beneficial Ownership Information Reporting

A&O Shearman on

On September 29, 2022, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued its highly anticipated final Beneficial Ownership Information (BOI) reporting provisions (Final Rule), thereby...more

Orrick, Herrington & Sutcliffe LLP

Economic Crime (Transparency and Enforcement) Act 2022 – Implications for Property Transactions

The Economic Crime (Transparency and Enforcement) Act 2022 (the "Act") received royal assent on 15 March 2022 and key aspects of the Act summarised below came into force in the UK on 1 August 2022. The aim of the Act is to...more

Cohen & Gresser LLP

The Economic Crime Act: What will Change for Managers of Offshore Structures

Cohen & Gresser LLP on

In the early hours of 15 March 2022, the Economic Crime (Transparency and Enforcement) Act (the “Act”) came into force. The rapid passage of the Act through the UK Parliament, after years of delays, came in response to...more

Miller Nash LLP

“Home Sweet Home”: The Impact of Urban Growth on Real Estate Property Disclosures in Oregon

Miller Nash LLP on

With its lush landscapes and relative affordability, Oregon is rapidly becoming a sought-after place to live. During the pandemic, densely populated and expensive cities like San Francisco, Los Angeles, and Seattle are seeing...more

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...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

Holland & Knight LLP

GSA Mandates Disclosure of Foreign Ownership/Financing of High-Security Leased Spaces

Holland & Knight LLP on

The General Services Administration (GSA) amended the General Services Administration Acquisition Regulations (GSAR) via an interim rule (Rule) – effective June 30, 2021 – to incorporate disclosure obligations of foreign...more

Snell & Wilmer

Hotel Utah: You Can Check-Out Any Time You Like, but You Can Never Leave . . . Your Disclosure Obligations

Snell & Wilmer on

A recent decision by the Supreme Court of Utah is a cautionary tale to sellers of real property attached to going concerns and prospective development issues. In Shree Ganesh, LLC v. Weston Logan, Inc., 2021 UT 21, the...more

McDermott Will & Emery

[Webinar] 100 Tage Offenlegung: Erste Erfahrungen, Praxistipps Und Ausblick Auf Die ESG-regulierung Im (Immobilien-)Fondsbereich -...

McDermott Will & Emery on

Wir setzen unsere erfolgreiche Online-Seminarreihe fort und widmen uns erneut dem wichtigen Thema ESG. Am 10.06.21 ist die Offenlegungsverordnung seit drei Monaten in Kraft. Das (teilweise) Inkrafttreten der...more

McDermott Will & Emery

[Webinar] 100 Days Of Disclosure – First Experiences, Practical Tips And An Outlook On ESG Regulation In The (Real Estate) Fund...

McDermott Will & Emery on

We are continuing our successful online seminar series and are once again devoting ourselves to the important topic of ESG. On June 10th, the Disclosure Ordinance has been in force for three months. The (partial) entry into...more

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more

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