ARTICLES & INSIGHTS

The long recession coupled with a decline in rents has created a new marketplace reality for commercial tenants and landlords. More tenants now ask for lease flexibility, such as the

A common misunderstanding is that an “as-is” provision in a real estate purchase and sale contract relieves the seller of the duty to disclose to the buyer any of the

Foreclosure of a real estate loan generally extinguishes a lease that is junior to the loan. So, the termination of a lease and the resulting forced relocation could ruin a

A real estate buyer can sue to make the seller sell the property to the buyer on the agreed upon price and terms. As part of this lawsuit, called specific

A real estate buyer can sue to make the seller sell the property to the buyer on the agreed upon price and terms. As part of this lawsuit, called specific

A frequent way to address the financial difficulties of a business in today’s market is for the landlord and the tenant to agree to an early termination of the lease.

With today’s low commercial rents, the landlord would like to be able to share in the anticipated future rise in rents by including a “recapture” provision in the lease which

To take advantage of today’s commercial real estate market, the tenant would like a long term lease to lock in the current low rental rates.

When the premises must be designed and built before the term of a lease begins, the stakes are high and any dispute or delay is detrimental.

While negotiating a shopping center lease, the tenant often requests the exclusive right to conduct its intended business in the center.

Buying property at a foreclosure sale is fraught with risks, one of which is the buyer being forced to refund the tenant’s security deposit in addition to the purchase price.

Against the backdrop of a projected slow economic recovery, commercial landlords and tenants are battling over who will profit from future increases in real estate rents.