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|Enforceability of Contenancy Clauses in Retail Leases|
Amanda C. Alden; Miller Starr Regalia A Professional Law Corporation;
May 7, 2015In a case of first impression, the California Court of Appeal recently weighed in on the enforceability of cotenancy clauses in retail leases. A cotenancy clause typically provides that if a specified major tenant or a certain defined level of occupancy is not reached in a retail project, then the...
|Commercial Real Estate Brokers Now Subject to the Same Dual Agency and Disclosure Laws as Residential Brokers|
Katie R. Jones; Miller Starr Regalia A Professional Law Corporation;
May 7, 2015, previously published on January 1, 2015As of January 1, 2015, commercial real estate brokers and salespersons will be required to comply with a stringent set of agency disclosure requirements formerly applicable only to residential brokers, expressly setting forth their agency role (i.e. as the agent of a buyer, seller, tenant,...
|For Sale By Owner - What you need to Know about Selling and Purchasing a Home Marketed "By Owner"|
Hallie Fisher, Daniel F. McIntosh; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
May 7, 2015, previously published on April 29, 2015With Orlando's fast-growing economy and projects such as the Creative Village in downtown Orlando and the Medical City in Lake Nona, Orlando has earned the ninth spot on Forbes' list of "Fastest Growing Cities." Clearly, people are moving to Florida at a high rate, and these transplants...
|Habitability: How Mold Fits Into The Bigger Picture|
Patrick S. Schoenburg; Wood, Smith, Henning & Berman LLP;
May 5, 2015, previously published on April 29, 2015Mold claims are generally property based. Plaintiffs allege that their exposure is the result of inadequate construction or maintenance of a structure, causing water intrusion into the building envelope and the subsequent growth of fungi. The same defective construction or maintenance of a building...
|California Real Property Deal Did Not Cause Change in Ownership|
Zachary T. Atkins, Douglas Mo; Sutherland Asbill & Brennan LLP;
April 30, 2015, previously published on April 29, 2015A California Court of Appeal held that the sale of real property to a lessee having an original lease term of more than 35 years did not result in a change in ownership triggering reassessment for property tax purposes. Proposition 13 established a 2% per-year ceiling on increases in the assessed...
|Real Property 101 for Community Bankers in the Spilman Footprint|
Brienne T. Marco; Spilman Thomas & Battle, PLLC;
April 29, 2015, previously published on April 8, 2015The terms “Deed of Trust” and “mortgage” are often used by people interchangeably. Both serve to give the lender a lien as collateral for a loan but, these liens are effected differently. Mortgages are used in more states (approximately 30) than Deeds of Trust, but Deeds of...
|The Air Bed and Breakfast Craze|
Jocelyn J. Campbell; Rudolph Friedmann LLP;
April 27, 2015, previously published on January 23, 2015It seems as if everyone wants to rent out their spare room for cash. If you have ever wondered whether you could legally rent out an extra room or your entire house on a short term basis, this article is for you. Recently we were asked by a client to assist with some regulations around operating a...
|Commercial Tenant Found To Not Be a “Landowner” Of Common Areas Under Colorado’s Premises Liability Act|
Christina M. Gilbertson, Nick R. Herrick; Wood, Smith, Henning & Berman LLP;
April 27, 2015, previously published on April 17, 2015In this case, the Colorado Supreme Court considers whether a clinic that was the main tenant at a medical campus qualifies as a “landowner” (as defined by the Premises Liability Act - the “PLA”) of a common area sidewalk where the Plaintiff fell and sustained injuries. The...
|Township Found Not Liable For Fall on Residential Driveway Apron Due to Snow Removal Immunity|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
April 27, 2015, previously published on February 25, 2015Plaintiff Rosa Nappi slipped and fell outside the defendant Gregory Kohl’s residence on his driveway apron. She sued Kohl and the Town of Secaucus, where the Kohl property was located, for her personal injuries. In Nappi v. Town of Secaucus, 2015 N.J. Super. Unpub. LEXIS 64 (App. Div. January...
|Warning If You Have Not Paid Your 2012 Real Estate Taxes!|
Michael Ryan; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
April 27, 2015, previously published on April 15, 2015Some investor landowners and lender REO departments are holding Florida real estate and, for cash flow reasons, are not paying the real estate taxes. Some lenders are in workout or foreclosure mode holding a mortgage on distressed real estate. Real estate investors, REO holders, and mortgage...