Syndicated Commercial Real Estate Loan Transactions In Today's Market
May 01, 2023
Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
Buyout Provisions In Commercial Lease Litigation
May 01, 2023
Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
What Hybrid Work Looks Like In a CRE Firm
May 01, 2023
When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.
Landlord & Tenant Law
April 01, 2023
HSTPA Does Not Violate Taking or Due Process Clauses
Landlord Liable for Bite By Tenant's Dog
Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments
Issues of Fact Preclude Summary Judgment on Habitability Claim
New Definition of 'Waters of the United States'
April 01, 2023
In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.
Negotiating Surrender Clauses In Commercial Leases
April 01, 2023
Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.
Liquidated Damages In Real Estate Transactions
April 01, 2023
Commercial real estate is a unique asset, making damages resulting from a breach of an agreement involving it are often difficult to measure. As a result, parties to such agreements must give careful thought to the remedies for such breach, including liquidated damages.
Why CRE Experts Believe It's a Good Time to Buy Office
April 01, 2023
The full pain of the post-pandemic office market hasn't been felt, since many tenants still have time left on their leases. As these leases expire, many tenants will either reduce their size or simply not renew their leases. This phenomenon means a long-term (if not permanent) reduction in the demand for office space.