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Gravitating to a fund structure is also no easy task and as with any investment program, the first one is always the most difficult. However, the benefits far outweigh the costs for any experienced real estate investment firm. The primary concern with a fund structure is who will sell the equity in the fund.

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Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding

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Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.

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Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

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A compilation of commercial real estate rulings in courts across the country.

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In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

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Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

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Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use