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The Corporate Transparency Act (CTA) and its beneficial ownership reporting requirements became effective on January 1st of this year, subjecting a wide range of entities to new Financial Crimes Enforcement Network (FinCEN) reporting requirements. Gain...

Title insurance companies may request an owner's affidavit when transactions involve transferring or refinancing real property. An owner’s affidavit typically contains representations and warranties by the property owner providing the title...

More states, counties, and cities are establishing energy benchmarking and transparency requirements for public, commercial, and multifamily buildings to encourage energy efficiency. For example, California requires that owners of certain building types...

Federal, state, and local governments may take private property for public purposes through eminent domain proceedings. Eminent domain laws differ by jurisdiction and the entity acquiring the real property. Read this practice note explaining New York’s...

Letters of intent lay out important terms for proposed joint ventures and are prepared prior to proceeding with full-fledged transactional documents. Check out this letter of intent template for a joint venture real estate investment between an investor...

Key sections of Thompson on Real Property are included in a wide variety of Practical Guidance real estate content. Click below to access a practice note on hotel purchase and sale agreements featuring links to Thompson’s discussion of representations...

Watch a just-released video addressing important climate change issues. This new video examines how the Biden Administration’s climate change agenda affects the real estate industry on national and local levels. Watch now » Related Content...

Check out this new video describing eight ways the marketplace is treating climate change as a strategic and compliance issue and its impact on real estate. Read now » Related Content Environmental Considerations in Real Estate Transactions...

Review this checklist for step-by-step landlord guidance on commercial lease provisions to evaluate and consider before the next public health emergency. This checklist is intended to alert landlords of existing commercial lease clauses that could be...

By: Practical Guidance Real Estate, Construction, and Finance Attorney Teams PRACTICAL GUIDANCE RECENTLY COMPLETED ITS ANNUAL PRIVATE MARKET DATA REAL ESTATE SURVEY. This survey, which ran from August 25 through September 30, 2023, asked nearly 80 real...

Use Practical Guidance’s State Law Comparison Tool (SLCT) to compare real estate laws among several states. With SLCT you can customize and generate a report tailored to your needs for comparing state laws on commercial real estate financing, ownership...

Compliance with the National Environmental Policy Act (NEPA) is required to obtain federal financing for “major Federal action” projects. Under NEPA, federal agencies identify and consider potential environmental implications for certain activities...

States and many municipalities have their own unique set of laws for terminating tenancies and evicting tenants. Some states permit landlords to take speedy self-help actions upon default. Other states, such as California, require court proceedings before...

Short-term rentals of residential properties have increased exponentially with hosting platforms such as Airbnb, VRBO, Getaway, and Booking.com. As this industry grows, municipalities are enacting laws to regulate the market and address various short...

ESG is a concept that describes a range of environmental, social, and governance (ESG) factors impacting the requirements organizations must meet, how they must operate, and how they are measured. It is used to evaluate a business's practices and...

When it comes to transfer taxes, states and many municipalities have their own unique requirements, including, who is responsible for payment, what are the applicable tax rates, when tax is imposed, and whether any tax exemptions exist. Check out this...

Limited liability companies (LLCs) are commonly formed to acquire and own real estate projects and parcels while limiting its members’ liability. LLC operating agreements usually outline the rights and obligations of the members, including allocation...

Tenants usually insist upon the right to audit landlords’ operating expenses to ensure charges are reasonable and accurate. Use this audit right clause in commercial leases drafted from a landlord’s perspective. See the Related Content below...

Attorneys working through the recent shifts in the real estate market are encouraged to participate in the Practical Guidance Private Market Data Annual Real Estate Survey by September 30, 2023. Participants will receive a $25 gift card.* Take the survey...

The COVID-19 pandemic has had far-reaching implications on the business world, and the commercial real estate (CRE) market is no exception. For insights into the current CRE market and how the pandemic has affected occupancy rates and valuations, check...

Many states have statutory notices and other requirements that landlords must follow prior to evicting tenants. Use this flowchart to evaluate the type of statutory pre-eviction notice required when a California commercial tenant defaults on its lease...

Attorneys working through the recent shifts in the real estate market are encouraged to participate in the Practical Guidance Private Market Data Annual Real Estate Survey. Qualified participants will receive a $25 gift card.* Take the Survey now »...

Landlords may agree to reduce the required security deposit amounts over the course of the lease for non-defaulting creditworthy tenants. To allow for this reduction, burndown provisions are included in commercial leases. Check out this security deposit...

Square footage often determines the rental amount and pro-rata common area expenses. Consequently, tenants entering leases during construction usually want to verify the square footage post-construction. Use this commercial lease clause for a tenant’s...

By Bruce Bergman | Partner, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. The Voluntary Payment Doctrine and Mortgage Foreclosures In the real world of mortgage foreclosure , there are events which occur with some apparently increasing frequency...