News & Analysis as of

Leases Contract Terms Real Estate Transactions

Otten Johnson Robinson Neff + Ragonetti PC

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other...more

Lowndes

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

Lowndes on

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

Miles & Stockbridge P.C.

Breaking Down the Proposed Federal Real Estate Shakeup

While there have been previous efforts to reduce the federal government’s real estate footprint, the scope and speed with which the Trump administration proposes to reduce that footprint is unprecedented....more

Bennett Jones LLP

The Hotel Management Agreement: What, Why and How?

Bennett Jones LLP on

With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented...more

Womble Bond Dickinson

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

Womble Bond Dickinson on

A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North...more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

Smith Anderson on

The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Lowndes

Basic Elements of Letters of Intent

Lowndes on

Letters of intent (LOIs) are used to summarize the material terms of a proposed transaction, typically involving the leasing or sale of real property. Sometimes called term sheets, letters of interest or deal sheets, LOIs are...more

Allen Matkins

Finders And The Statute Of Frauds

Allen Matkins on

Section 1624 of the California Civil Code specifies a number of agreements that are invalid unless they, or some "note or memorandum thereof", are in writing and signed by the party to be charged or the party's agent.  One of...more

Cadwalader, Wickersham & Taft LLP

Real Estate Reserves October 2021 - Basics of Reserves

Reserves are amounts deposited with a lender as security for an obligation expected to occur at a future date, and can serve various functions. The following is an overview of typical reserves in a real estate finance...more

Lowndes

Critical Elements of Tenant Estoppel Letters

Lowndes on

If you are an investor buying a leased property, you are undoubtedly looking to the rental income as the return on your investment, in addition to the appreciation in the value of the property that is likely to occur over...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: O is for Option

In my last post, “Real Estate Alphabet Soup: N is for Notice” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “O.” O is for “Option”. In both the...more

Buchalter

Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions

Buchalter on

The world-wide declared pandemic... is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and consumer-oriented businesses impacted. While small...more

Hogan Lovells

Navigating coronavirus: Top real estate industry considerations

Hogan Lovells on

On Wednesday, 11 March 2020, the World Health Organization declared the spread of coronavirus a global pandemic and on Friday, 13 March 2020, President Trump declared a national emergency in the United States. Guidance from...more

Troutman Pepper Locke

Factors to Consider in Negotiating Indemnification Provisions

Troutman Pepper Locke on

One of the most negotiated and fundamental provisions in any contract is the manner in which the parties will allocate risk. Also known as an “indemnity” or an “indemnification provision,” these provisions are not commonly...more

Jaburg Wilk

The Implied Covenant of Good Faith and Fair Dealing

Jaburg Wilk on

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between...more

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