Bad Boys and Bad Acts As part of our Commercial Real Estate Finance and Option Practice we see a wide variety of loan documents. In the past, we have written about various ways in which non-recourse loans (i.e., loans for which the borrower does not have personal liability) quickly slip into full recourse loans (i.e., … More Bad Boys and Bad Acts
Yes, But There’s a Cure: A Legislative Update At the end of April, Arizona Governor Doug Ducey signed into law a bill (Senate Bill 1406) passed by the Arizona State Legislature that will now give businesses an opportunity to correct any alleged violations of the Arizonans with Disabilities Act, which is the state’s version … More Yes, But There’s a Cure: A Legislative Update
Beat the Heat The Arizona summer is upon us and people everywhere are looking to cool down. It’s no secret that issues with commercial real estate leases can naturally arise as tenants justifiably crank up HVAC units to keep their employees and customers cool and comfortable while some landlords fret the increased demand on … More Beat the Heat
In My Opinion As a condition for making any kind of commercial real estate loan, lenders require a variety of assurances and representations from the borrower (and other key principals or guarantors) to verify that the borrower has the legal standing and ability to borrow (and payback) the loan. Beyond taking the borrower’s word for it, lenders … More In My Opinion
Single and Loving It! Single tenant asset investment properties are a thriving area of the current commercial real estate market. These deals offer the apparent security of an ongoing rental income stream and purchasers perceive that the risk of these investments is more limited than commonly associated with purchasing larger retail centers. One of the … More Single and Loving It!
BOUND INTENTIONS Nearly all commercial real estate transactions first come into being through a letter of intent or “LOI” at the outset of the deal. LOIs typically set forth the basic business terms for a deal, such as the property location, parties, and the purchase price or rental amounts, and may also include some … More BOUND INTENTIONS – COMMERCIAL REAL ESTATE LOIS
LIEN ON ME Like so many apparently simple commercial lease provisions, the devil is in the detail when it comes to the “landlord’s lien” and the important considerations for both landlords and tenants. Arizona law grants commercial landlords a statutory “landlord’s lien” against a tenant’s personal property located on the premises to secure the payment … More LIEN ON ME