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!
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!
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 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 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
I’ll Have Another: Lease Renewal Options – legal considerations for landlord and tenants … More I’ll Have Another: Lease Renewal Options
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
For Your Consideration Buyers and sellers of commercial real estate assume that their contracts mean what they say. However, because of recent judicial activism and uncertain future decisions, that may not be the case; and without some new language in your purchase agreement – sellers may be able to break the real estate contract … More For Your Consideration
Surveying the Unknown With many commercial real estate buyers using cash, rather than traditional loans to acquire distressed and opportunistic assets, it is no wonder that extra costs for items that were previously “lender requirements” are being trimmed from acquisition budgets. One such expense being cut is the cost of a current ALTA/ACSM survey. There … More Surveying the Unknown