“‘… [W]hen the court adopts the standards of the market place in making valuations there is no reason why it should close its eyes to how the market place arrives at and applies the standards. …‘, ‘It is difficult to perceive why testimony, which...
The Practical Real Estate Lawyer Articles
DO THE SECURITIES LAWS APPLY TO SMALL REAL ESTATE DEALS?
Two friends identify an attractive commercial real estate investment. They’ll form a limited liability company (LLC) for the investment and both invest. They’ll also raise more capital from friends and family, a great opportunity for all concerned....
THE TEN STAGES OF A REAL ESTATE DEVELOPMENT PROJECT
Many books and articles have been written about the various elements and stages of a real estate development project. Most of those works are written from the perspective of the real estate developer, so they are heavily weighted toward the stages...
PLANNING AND DRAFTING STRATEGIES FOR FAMILY BUSINESS OWNERS (WITH FORMS)
One of the most difficult challenges facing those who advise owners of family businesses is to get them to take the first step in the planning process. Too many advisors present many alternative (and sometimes conflicting) strategies, leading the...
UNDERSTANDING REAL ESTATE ECONOMICS 2020 (WITH EXHIBITS)
A lot has changed in this world since this article was first written. The pandemic has had an enormous effect on commercial real estate, but its longterm impact may not be known for years. Although the pandemic has accelerated change, it has not...
COMMERCIAL LEASE AMENDMENTS IN THE AGE OF COVID-19: MAKING THEM WORK IN EIGHT STEPS
Property owners, tenants, and their attorneys and other advisers have lately spent a lot of time negotiating lease amendments and waivers to give tenants breathing room in today’s COVID-19-driven shutdowns. These negotiations typically deal with...
TIPS FOR NEGOTIATING THE LOAN APPLICATION (WITH FORMS)
Loan applications are an important, but sometimes overlooked, component of the mortgage financing process. A properly drafted loan application, among other things: • Identifies the correct borrower and guarantor (if any) and describes the proposed...
CHANGE IS HARD, BUT HOLDING OVER IS HARDER: TURNING OVER CONTROL OF A COMMUNITY ASSOCIATION (WITH FORMS)
In theory, turning over control of a community association from the developer to the homeowners should be relatively easy. The governing documents advise when transition occurs, the date arrives, and then the developer delivers a bunch of documents...
TWENTY THINGS REAL ESTATE ATTORNEYS CAN DO TO NOT MESS UP A SECTION 1031 EXCHANGE
1. Notify your client if property being sold could qualify for section 1031 treatment Section 1031 applies to real property held for use in a trade or business or for investment. If the real estate deal that you are working on involves business-use...