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|Commercial Leases and the Trojan Horse|
Edmundo P. Guevara; Singleton Urquhart LLP;
June 23, 2015, previously published on June 19, 2015Commercial landlords who, for one reason or another, consider taking over the business operations of a tenant which has defaulted on or abandoned its lease might first consider the cautionary tale of the Trojan Horse. We are told that one day, after ten fruitless years of war with Troy, the Greeks...
|Home and Dry - Tenancy Deposit Schemes and Related Matters|
Veronica Carey, Eloise Morgan; Withers Bergman LLP;
June 23, 2015, previously published on June 15, 2015During the last year or so, we have dealt with a number of cases where claims have been delayed as a result of the landlord's failure to comply strictly with statutory requirements relating to Tenancy Deposit Schemes. Whilst you may be aware of the statutory requirements, experience has shown us...
|Hot Tips for Purchase Agreements|
Dehlia C. Seim; Fryberger, Buchanan, Smith & Frederick, P.A.;
June 18, 2015, previously published on May 19, 2015With the seasonal shift comes the busy season for real estate sales, so it’s time for a primer on purchase agreements. Whether it’s your first purchase or your tenth sale, purchase agreement review is critical. You may think that if you’ve seen one purchase agreement, you have...
|EPA, Corps of Engineers Issue New Clean Water Act Rule|
James W. Potter; Nexsen Pruet, LLC;
June 18, 2015, previously published on May 27, 2015On May 27, 2015 the EPA and the Corps of Engineers issued a prepublication version of its final rule to define "waters of the United States" 40 CFR 230. Soon the final rule will be published in the Federal Register and will take effect sixty days after publication.
|Newsletter BSJP Real Estate 2015|
Katarzyna Domanska-Moldawa; BSJP Brockhuis Jurczak Prusak Sp.k.;
June 18, 2015Constitutional Tribunal Rules Banking Enforcement Titles to be Unconstitutional Action for Revocation of the Resolution on the Merger Of Companies
|Junior Unsecured Mortgages Receive Protection from the Supreme Court|
Scott D. Fink; Weltman, Weinberg & Reis Co., L.P.A.;
June 18, 2015, previously published on June 02, 2015 In a decision handed down yesterday by the U.S. Supreme Court, wholly unsecured junior mortgages may not be stripped due to a lack of equity in Chapter 7 bankruptcy proceedings. The ruling came in the case of Bank of America vs. Caulkett.
|Substantial Amendments to the Condominium Act will impact Condominium Developers and Corporations|
Leonard A. Gangbar, Natalia E. Iamundo, Andrew L. Jeanrie; Bennett Jones LLP;
June 18, 2015, previously published on June 9, 2015The Province of Ontario recently introduced Bill 106, Protecting Condominium Owners Act, 2015, to amend the Condominium Act, 1998, largely in response to the immense growth and change in the condominium sector in Ontario in recent years.
|When Statutes Of Limitation Vary, Don't Wait To File Suit|
John Paul Nefflen; Burr & Forman LLP;
June 17, 2015, previously published on June 5, 2015Investing in real estate is difficult. Buyers, sellers and developers often make strategic business decisions influenced by changing market forces, contingencies that never materialize, promises not kept, and unpredictable partnerships and alliances. Among the many decisions real estate investors...
|Adjudication Agreements: When Are They Legally Binding?|
Jacy A. J. Whittaker; Parris Whittaker;
June 16, 2015, previously published by www.ParrisWhittaker.comThe UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
|Because it's the Rules!|
David L. Allen; Jaburg Wilk;
June 15, 2015, previously published on June 11, 2015There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite...