Latest News & Developments in Commercial Real Estate Law

Since 2008, we have used our real estate law blog as a way to keep readers informed about the latest developments and news within commercial real estate law. Some of the topics we regularly address include court decisions on disputed commercial real estate transactions, limited liability company law and high-end residential real estate transactions. In addition to informing readers, we make it a priority to provide an in-depth analysis of the topics we discuss.

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If you want to ensure that you never miss a new post from our real estate blog, you can use the RSS or email option on the left to sign up for updates whenever a new post is published. You may also want to follow Tom on Twitter @TDKearns where he tweets on commercial real estate and business law topics.

The term “preferred equity” can be confusing in the context of investments in real estate ventures.

A continually updated blog containing certain terms of a proposed partnership did not constitute a binding written agreement and was not evidence of a binding oral agreement where certain material terms were “to be determined” and there was no written or oral agreement on how losses were to be funded.

One commentator’s analysis of the current Delaware law on the unwaiveable obligations of good faith and fair dealing in LCC’s and other alternative entities.

The following article, “Today's Hot Condo Market - If You Build - I Will Buy” was first published in the July 30th issue of New York Real Estate Journal.

The Supreme Court’s Nollan/Dolan juris prudence continues to evolve in the latest decision in the area:  Koontz v. St. JohnsRiver Water Management District

What are the minimum market protections for LLC agreements when a 50% member of a proposed LLC agrees that the other member may “control” the proposed new commercial real estate venture?

Justice Barbara Jaffe in US Bank NA v. Sacher appoints a receiver for a condominium unit on the motion of the condo’s Board of Managers
The following article, “Get Ready for Real Estate Crowdfunding and More Advertising for Investors” was first published in the May 28th issue of New York Real Estate Journal.
Even without a buyout clause in the LLC Agreement, or statutory authority, the Second Department reverses Judge Demarest and permits aggrieved LLC Member to pay fair value to cash out a defaulting LLC Member.

Why you need a lawyer comfortable in income tax issues to draft or review your LLC Agreement.

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