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HTMLJudge Allows Rudolph Friedmann’s Motion for Directed Finding
Rudolph Friedmann LLP;
Legal Alert/Article
August 2, 2014, previously published on July 24, 2014
After nearly two years of litigation in a Civil Contempt action filed by the Office of the Attorney General (the “Commonwealth”), including nine days of trial in Suffolk Superior Court, the Honorable Linda E. Giles recently dismissed all claims against Rudolph Friedmann’s client....

 

HTMLIs the Guarantee You Have Valid?
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
An Authorised Guarantee Agreement (or AGA) is a guarantee by a tenant of its assignee’s performance of the tenant obligations in the lease.

 

HTMLWhen Is a Contracted Out Lease Not Contracted Out?
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
A landlord and tenant may agree that the tenant of commercial premises will not have a statutory right to a renewal lease when the term comes to an end. This is called 'contracting out'. This means that where the terms of the 1954 Act have been validly excluded, the tenant will need to negotiate a...

 

HTMLProtecting Yourself from Property Fraud
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
Property Alert is a free property-monitoring service aimed at anyone who feels their registered property could be at risk from fraud. You can register up to three properties to be monitored and if an official search or application is received against one of the monitored properties, you will be...

 

Adobe PDFThe International Comparative Legal Guide to Real Estate.
Nafis Adwani, Agus Ahadi Deradjat; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
Legal Alert/Article
August 1, 2014, previously published by Global legal group as part of its ICLG series on January 2014
This article examines the real estate law in Indonesia as part of a cross border analysis.

 

HTMLBaltimore County Real Property Owners - Now Is the Time to Assess Your Appeal Options For The “Rain Tax”
Pessin Katz Law P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
In March of this year, the Baltimore County Council, as mandated by state law, enacted a bill allowing the County to collect a Stormwater Remediation Fee from all real property owners in Baltimore County. The fee, known as the “rain tax”, will be deposited in a Stormwater Management...

 

HTMLSupreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application
McCarthy Tetrault LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Earlier this year, the Federal Court of Appeal (FCA) ruled that the Competition Tribunal (Tribunal) erred in dismissing the abuse of dominance case brought by the Commissioner of Competition (Commissioner) against the Toronto Real Estate Board (TREB). The FCA’s ruling hinged on its finding...

 

HTMLConnecticut’s Supreme Court Clarifies Applicable Forfeiture Standards When Tenant Exercises Option to Purchase Leased Property
Noble F. Allen; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purchase a leased property was recently...

 

HTMLTax Increment Financing in New England
John H. Sokul; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
As we all know, the easy sites in New England are gone. The large, square, flat, clean, dry sites with highway access close to large, affluent population centers have been developed. However, there are still plenty of great development (and redevelopment) opportunities. Each presents various...

 

HTMLBC Court of Appeal Affirms Distressing Decision
Aidan Cameron, Scott Smythe; McCarthy Tétrault LLP;
Legal Alert/Article
July 31, 2014, previously published on July 29, 2014
On December 30, 2013, we wrote about the BC Supreme Court’s decision in Delane Industry Co. Ltd. v. PCI Properties Corp., 2013 BCSC 1397, where the Court held that a landlord’s termination of a commercial lease was ineffective because the landlord, having issued a demand letter while...

 


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