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|Selected Issues in Church Governance|
Trevor A. Brown; Starn O'Toole Marcus & Fisher A Law Corporation;
July 28, 2014, previously published by Legal Handbook: A Resource Guide for Pastors, 2014 Edition on July 2014Since a primary evidence that Christians are Christ-followers is their love for one another (By this shall all men know that ye are my disciples, if you love one another. John 13:35), one hopes there is little need for a lawyer to talk about the legal rules governing business organizations and how...
|Lender Liability in Real Estate Closings; Know Your Closer Well|
Richard W. Smith; Bernstein Shur;
July 28, 2014, previously published on July 22, 2014The general phrase “lender liability” usually refers to cases where a lender does not live up to its own loan agreement, or where a loan officer promises more than the loan documents provide, or where the lender sells collateral in a commercially unreasonable manner. Lenders can also be...
|ABC 123: AAI, ESAs and VRAP - When to utilize DEP’s Voluntary Response Action Program|
Mary Costigan, Katherine A. Joyce; Bernstein Shur;
July 28, 2014, previously published on July 15, 2014Last time around, we mentioned that if you are going to buy a commercial property, you should investigate the existing environmental conditions of that property. It is helpful to address both the costs and timing associated with this environmental due diligence in your Purchase and Sale Agreement.
|New Rules For Casual Residential Real Estate Investors|
Brian R. Pitney; Sands Anderson PC;
July 25, 2014, previously published on July 10, 2014During the Great Recession, many savvy investors and entrepreneurs took advantage of plummeting home prices and low interest rates by buying up and leasing residential real estate. Owners did not need to worry about complying with the Virginia Residential Landlord and Tenant Act (VRLTA) if they...
|The Economic Loss Doctrine Scaled Back in Massachusetts|
Asha Echeverria; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014In a case recently decided by the Massachusetts Supreme Court, the Court reaffirmed that the Economic Loss Rule applies to construction cases in Massachusetts. The trustees of the Market Gallery Condominiums in Lowell filed an action against Ayer Properties seeking damages for the negligent...
|Deposit in Commercial Real Estate Transaction Can Be Retained as Liquidated Damages Sum Even If Property Sold For More Than Original Contract Price|
Jonathan F. Claussen; Berger Singerman LLP;
July 21, 2014, previously published on July 17, 2014The Third District Court of Appeal recently ruled that a sum provided as a deposit in a commercial real estate contract could be retained as a liquidated damages amount when the buyer did not close on the transaction, even though the amount was argued to be an excessive penalty and the property was...
|California Supreme Court Holds Design Professionals Owe a Duty of Care to Future Homeowners|
John R. Clifford, Edward P. Garson, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 18, 2014, previously published on July 11, 2014 The California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (July 3, 2014), held - based on common law principles - that an architect owes a “duty of care” to future homeowners in the design of a residential building. (July 3, 2014), held...
|"Just the Facts" Virginia Common Interest Communities 2014 Legislative Changes|
Kevin A. Kernan; Whiteford, Taylor & Preston L.L.P.;
July 17, 2014, previously published on July 3, 2014 As a result of the 2014 General Assembly Session, a number of bills were approved by the General Assembly and signed by the Governor, many of which directly or indirectly impact common interest communities in Virginia.
|Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases|
Duane Morris LLP;
July 16, 2014, previously published on July 8, 2014The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann....
|Owning Real Property as Tenants in Common|
Kohrman Jackson Krantz PLL;
July 16, 2014, previously published on July 14, 2014Owners of commercial property have increasing found benefit in owning their separate interests in the property as “tenants in common.” Typically, if two or more parties wanted to jointly own a commercial property, the typical approach would be to form a limited liability company (LLC)...