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Commercial Real Estate Contracts Real Estate Transactions

Lowndes

Franchise Riders in Retail Leases: What You Need to Know as a Landlord

Lowndes on

Understanding Franchise Riders: Purpose, Content, and Potential Conflicts - When a franchisee signs a retail commercial lease to operate a franchised business, the franchisor may require a Franchise Rider, a document that...more

Lowndes

Why Attorneys’ Fees Belong in Indemnity Provisions in Commercial Real Estate Contracts

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In commercial real estate transactions, indemnity provisions are frequently negotiated. However, one critical component is often overlooked: the obligation to cover attorneys’ fees related to indemnity claims....more

Tonkon Torp LLP

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

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In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the...more

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

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In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

Tucker Arensberg, P.C.

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

Tucker Arensberg, P.C. on

A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more

Holland & Knight LLP

Deals on Wheels: Legal Pitfalls and Protections in Automotive Property Sales

Holland & Knight LLP on

Automotive real estate (such as automobile dealerships, agricultural equipment dealers and service centers) straddles retail and industrial uses. This unique characteristic means that buyers and sellers of automotive real...more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

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The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

Stikeman Elliott LLP

Abus de droit contractuel lors de la renégociation des baux commerciaux : La Cour supérieure se prononce sur les offres...

Stikeman Elliott LLP on

A translation of this post will be available soon. Dans la décision Grains Boivins inc. c. Élevages St-Georges inc. (2025 QCCS 25), datée du 10 janvier 2025, la Cour supérieure a rendu une décision rappelant que le...more

Bracewell LLP

Surface vs. Mineral Owners: Texas Supreme Court Settles Salt Cavern Ownership Dispute

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The Texas Supreme Court has settled the issue of who owns the voids, known as salt caverns, created in subsurface salt formations (whether naturally occurring or caused as a result of salt mining operations). In...more

Blake, Cassels & Graydon LLP

Nouvelle clause contractuelle : Efforts raisonnables et diligents sur le plan commercial à la date la plus rapprochée possible

Dans l’affaire récente Epix Developments Ltd. v. Bonnis Development Union Street Limited Partnership (l’« affaire Epix ») (en anglais), un tribunal en Colombie-Britannique s’est penché sur l’interprétation d’une nouvelle...more

Bennett Jones LLP

Tenant Due Diligence Essentials in British Columbia

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Corporate and property searches are an essential starting point for tenant due diligence when negotiating a commercial lease. Due diligence search results can provide tenants with a clearer picture of the property, the...more

Bennett Jones LLP

Specific Performance: Not Extraordinary in Commercial Leasing

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In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: Hybrid Work Models and Lease Restructuring

Clark Hill PLC on

Although the COVID-19 pandemic has ebbed from the daily lives of workers, its impact on hybrid work continues. While no consensus has emerged, the hybrid work model, which requires splitting the work week between going into...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson on

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

International Lawyers Network

Buying and Selling Real Estate in Turkey (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER TURKISH LAW - 1. Agreement Types - Pursuant to Turkish laws, a real estate sale and purchase agreement shall be in an official form and the transfer of ownership of real...more

International Lawyers Network

Buying and Selling Real Estate in Spain (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SPANISH LAW - I. PROCEDURE OF A REAL ESTATE TRANSACTION - 1. Brokers - A. In Spain, both parties are free to hire a Broker to conduct the conveyance process of real estate...more

International Lawyers Network

Buying and Selling Real Estate in Slovakia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase...more

Epstein Becker & Green

Important Negotiating Points in Commercial Real Estate Purchase and Sale Contracts Negotiating the Letter of Intent

In our latest upcoming series of blog posts, we will look at several key points to consider when negotiating commercial real estate purchase and sale agreements from the perspectives of buyers and sellers....more

Bennett Jones LLP

End Game: How a Sublease Can Survive Beyond its Head Lease

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In the world of commercial leasing, the relationship between landlords and tenants and, by extension, subtenants, is at the heart of the leasing arrangement. But what happens when arrangements change and relationships shift?...more

Husch Blackwell LLP

California Supreme Court Decides Cotenancy Provisions Are Here to Stay

Husch Blackwell LLP on

On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy...more

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties. The...more

International Lawyers Network

Buying and Selling Real Estate in Mexico (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MEXICAN LAW - I. Real Estate General Overview - The real estate business in Mexico has been increasingly growing during the last decades to the point that now it is...more

Baker Donelson

Late Fees on a Balloon Payment Due at Maturity

Baker Donelson on

In 2025, an estimated $600 billion in commercial real estate loans are scheduled to mature. While the interest rate environment has stabilized somewhat over the past year, rates have not fallen as far as borrowers had hoped,...more

International Lawyers Network

Buying and Selling Real Estate in Massachusetts (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more

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