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...
The Practical Real Estate Lawyer Articles
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...
Property Rights in Times of Crisis
“REAL LIBERTY,” VACCINATION, PLAGUE, POLICE POWER, AND TAKINGS Spurred by the headlines that have been swirling around all of us, I decided to re-read cases about the role of the courts when government curtails liberty or property rights under its...