Columns & Departments
Real Property Law
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client<br>Amendment to Association Bylaws Not Effective Until They Are Recorded<br>Seller Entitled to Cancel Contract When It Could Not Clear Title<br>Buyer's Waiver of Defects In Title Preclude Cancellation By Seller<br>Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues<br>Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner<br>Easement By Prescription Established
Features
The Unlicensed Real Estate Broker in New York: Beware
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
Features
The Best Markets for Opportunity Zone Investors
Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.
Columns & Departments
Landlord & Tenant Law
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Columns & Departments
Eminent Domain
Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Features
Negotiating Relocation Rights
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Features
Negotiating Relocation Rights
Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Features
Covenants That Run with the Land Can Be Waived
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Columns & Departments
Eminent Domain Law
No Consequential Damages When State Takes Neighbor's Land
Columns & Departments
Development
Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned
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