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Real Estate Transactions Contract Terms

Morrison & Foerster LLP

New York Lawmakers Approve Ban on Rent Minimum Clauses in Mortgage Loan Transactions: Bill Not Yet Signed Into Law By Governor

How much chaos might a three-sentence bill that was quietly passed by the New York State legislature sow on the real estate lending industry? Potentially plenty. On June 13, 2025, a bill passed by the New York Assembly (A....more

DarrowEverett LLP

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

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When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer...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

Patton Sullivan Brodehl LLP

Bankruptcy Property Deal Devolves Into Mess of Contract and Fiduciary Duty Claims

The bankruptcy process is often straightforward: the debtor’s debts are discharged, creditors take a haircut of varying degrees, and life moves on.  But some bankruptcy proceedings give birth to complicated agreements that...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

Tonkon Torp LLP

Checking in on the Portland Metro Residential Real Estate Market

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The June 2025 Market Action Report for the Portland metropolitan area, published by RMLS, describes a residential real estate market that is steady, if subdued, with slight pricing increases and modest shifts in transactional...more

Jones Day

New York Legislature Passes Bill Banning Rent Minimum Provisions in Real Estate Loan Documents

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On June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents....more

Miles & Stockbridge P.C.

Fannie Mae Updates Multifamily Loan Documents

Fannie Mae recently announced updates to its Multifamily Loan Documents with Lender Letter (25-04). Since that time, Fannie Mae released a revised Lender Letter (25-04R) that changed the mandatory date for use of the loan...more

Sands Anderson PC

Approaches Community Associations Can Take to Combat Challenges Surrounding Rising Prices

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As purchasers of goods and services, many community associations have felt the impact of recent inflation and rising prices. While prices have continued to rise, community associations still must discharge the maintenance and...more

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?

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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

Blake, Cassels & Graydon LLP

Négociation de conventions d’achat de biens immobiliers : cinq considérations essentielles

Les tendances récentes observées dans les opérations immobilières au Canada révèlent l’évolution des pratiques de négociation et de nouvelles approches en matière de gestion des risques, de réglementation et de vérification...more

K&L Gates LLP

Interim Statement on ‘54 Act Reform

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Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of...more

Tucker Arensberg, P.C.

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

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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

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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

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Womble Bond Dickinson

Guide to Buying Buildings from the Federal Government: Where to Start and What to Know

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As the Trump administration actively works to streamline federal operations, its ambitious efforts to divest surplus property holdings present new buying opportunities for commercial real estate investors and developers. This...more

Lowndes

Just Argued: Florida Supreme Court Tackles Property Law Shake-Up That Could Hit Property Owners and Developers Alike

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This morning, the Florida Supreme Court heard RJ’s International v. Crown Castle, a high-stakes case poised to reshape how contractual terms in property agreements affect future landowners. The justices are weighing whether...more

Holland & Knight LLP

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

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The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the...more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

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Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

Gould + Ratner LLP

What is a Rent-Ready Credit in Multifamily Real Estate?

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A rent-ready credit is a legal provision commonly included in a multifamily real estate purchase agreement that allows a buyer to recover turnover costs at closing. The credit is used to cover the costs needed to make vacant...more

Gray Reed

Who Owns the Subsurface Pore Space in Texas?

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In a word, the surface estate owner. If that’s all the learning you are up for today, proceed directly to the musical interludes. If you want to know why the Supreme Court of Texas had to say this again, read on....more

Mandelbaum Barrett PC

Spotlight on Hotel Comfort Letters

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A hotel comfort letter is a document issued by a hotel franchisor to a lender when a hotel owner (the borrower) seeks financing. It provides the lender with assurances about the relationship between the franchisor, borrower,...more

Goodwin

Maximizing Value in Master-Planned Communities: How to Effectively Negotiate Builder Purchase and Sale Agreements

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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

Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

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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

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