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The investment strategy historically adopted by investors in the US commercial real estate market has transformed notably in recent years, driven in part by evolving patterns in consumer demand and shifting economic...more
What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more
The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real...more
L’affaire récente 1785192 Ontario Inc. v. Ontario H Limited Partnership, 2024 ONCA 775 (l’« affaire Ontario H Limited Partnership ») démontre qu’un acheteur qui omet de payer la totalité du prix d’achat fixé conformément à la...more
The recent case of 1785192 Ontario Inc. v. Ontario H Limited Partnership, 2024 ONCA 775 (Ontario H Limited Partnership) demonstrates that a purchaser who fails to tender the full purchase price required under an...more
While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more
Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more
Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more
When it comes to real estate transactions, buyers are protected by the Purchase and Sale Agreement which operates as a contract between the buyer and seller. Purchase and sale agreements typically contain numerous...more