Many local governments charge development impact fees, which are typically used to fund local infrastructure. However, the U.S. Supreme Court’s recent Sheetz v. County of El Dorado decision, clarifying that the Takings Clause applies to municipal development...
A preferred equity investment is a structured real estate investment financing where capital is invested for a fixed term in exchange for an agreed return. While such capital is subordinate to debt, it takes priority over common equity. Preferred equity may be...
As more marijuana businesses seek locations to grow and sell their product, an increasing number of landlords are looking into meeting this need. Before renting property to a cannabis business, property owners should be aware of logistical issues concerning zoning...
Expand your knowledge of due diligence for commercial real estate financings--covering topics such as evaluating borrowers, guarantors, and commercial properties that will serve as collateral. Our Commercial Real Estate Financing Due Diligence Resource Kit contains...
The recent $418 million National Association of Realtors’ settlement with home sellers over broker commissions will impact the relationship and fee structure between sellers, buyers, and their real estate agents. Read this article for more information. ...
Summer associates will arrive in just a few weeks! And we have handy resources available for them. Check out our updated Real Estate Summer Associates Resource Kit, including a Summer Survival Guide and Top 10 Secrets of Success written by associates, partners...
Most merger and acquisition (M&A) transactions involve an owned or leased real estate asset. Real estate counsel are typically called upon to assist corporate counsel to ensure that all necessary steps are taken to close the real estate portion of the transaction...
Landlords and tenants often negotiate rent abatement clauses. These clauses are used as a lease incentive and also as a remedy when tenants are prevented from using or profiting from the premises due to a condition of the leased property or a landlord violation...
When a borrower defaults, one of the mortgage lender’s remedies is to acquire the subject property, referred to as real estate owned property (REO property). Read this practice note to learn how a mortgage lender acquires commercial REO property as part of...
Interested in step-by-step guidance to simplify commercial purchase and sale transactions? Use this handy checklist for transactions in Oregon. See the Related Content section below for similar checklists in other jurisdictions. Read now » Related Content...
The ever-growing number of environmental laws has significantly affected real estate acquisitions. Nearly every purchase agreement will contain environmental representations and warranties, with the seller disclosing known environmental matters, and the parties...
Entering into purchase-sale agreements (PSAs) with buyers or sellers filing for bankruptcy involves certain risks. One concern is that bankruptcy trustees may seek to void transfers of the seller-debtor’s property. As for purchasers in bankruptcy, trustees...
Sellers generally must notify their residential tenants regarding the property sale and lease transfer. They must also return the tenant’s security deposit or transfer it to the new owner. Use this template to inform Massachusetts tenants of a transfer or...
For boards of directors, management teams, and their counsel, understanding options in how to respond to a hostile takeover or unsolicited acquisition proposal, and how to implement those responses, is critical to a successful hostile takeover defense. On the other...
California’s “Builder’s Remedy” blocks cities and counties out of compliance with certain housing laws from denying affordable housing projects based on zoning and/or planning issues. Check out this article to learn how developers are taking...