Up, Up, and… AWAY!

Up, Up, and….AWAY! A common component in virtually all commercial real estate loan documents is the provision addressing late fees that kick in upon a borrowers’ failure to make timely payments. Recent Arizona case law has changed the enforceability of certain provisions regarding particular late fees. In 2017, the Arizona Supreme Court issued an opinion … More Up, Up, and… AWAY!

Spring Training

Spring Training The smell of fresh cut grass is in the air, flowers are beginning to bloom on the trees, and major league baseball teams are descending upon Arizona for spring training. Just as Arizonans and visitors are thinking about getting tickets for the first baseball games of the season, it is a great time … More Spring Training

In My Opinion

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


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

A Matter of Representation

A Matter of Representation  Commonly commercial real estate Purchase and Sale Agreements contain specific representations and warranties, disclosing certain facts about the parties and the subject property. Obviously, given the liability of either misrepresenting or failing to represent material facts, these “reps & warranties” are often subject to great scrutiny and negotiation. Naturally, Buyers will … More A Matter of Representation

Feeling Committed

Feeling Committed Commercial real estate buyers using financing to acquire property often find themselves in limbo. Buyers are often required to spend substantial sums chasing a property (and assume a fair amount of risk) before knowing that their lender is absolutely committed to funding. Unfortunately, this market is not kind to financing contingencies (especially when … More Feeling Committed

Let’s Recap

Let’s Recap  An uptick in the Commercial Real Estate market provides underwater commercial real estate owners with new hope, and new challenges. Many owners are blessed with performing properties and positive cash flow – but are still unable to pay-off or refinance their maturing loans. Absent special circumstances, lenders seem still unable or unwilling to … More Let’s Recap


Keeping Your Non-Recourse Loans Non-Recourse   The good news is that even in today’s tough credit markets, non-recourse loans are generally available. The bad news is that lenders have been expanding the “carve-outs” to non-recourse protection – eroding the benefit of the bargain that Borrowers and Guarantors thought they made. Unfortunately, it is very easy … More KEEPING YOUR NON-RECOURSE LOANS NON-RECOURSE