Which Endorsements Are Right for Your Transaction?
A commercial real estate attorney representing a client that needs title insurance in a commercial real estate transaction must consider which endorsements would be best to provide the client with all the necessary title insurance protection. This two-part article addresses which American Land Title Association ('ALTA') endorsements are typical when representing a buyer, tenant, or lender in an acquisition or lease of commercial property. In addition, the article discusses a few non-ALTA endorsements that are available in many states.
In the Spotlight: Planning for Redevelopment
For years, the commercial real estate market has been sizzling.Cap rates are down. Prices are up.Nevertheless, you managed to beat out the competition and buy a few shopping centers. To justify the price you paid, however, you need to increase the net operating income ('NOI') from your property. Now, however, the economy may be facing the headwind of a slowdown, if not an outright recession, which creates resistance to rent increases; so you may not be able to rely on ordinary rent increases to bolster your NOI.
Dealing with the Risk of Events of Force Majeure
Force majeure clauses are used in leases to extend the date upon which a party's performance of an obligation is due. Often such obligations pertain to the delivery of the building and/or leased premises. This article explains and discusses sample force majeure clauses and suggests ways to protect the party not claiming a delay caused by an event of force majeure.
Powerhouse Industry Firm Divorces
Marshall Grossman and Stanton 'Larry' Stein may be in for some awkward elevator rides. The two heavyweights at L.A.'s Alschuler Grossman Stein & Kahan officially divorced Jan. 1, after a year-long tug-of-war over the future of the 90-lawyer firm they'd fused together seven years ago. Now they've got their own firms, but they're just one floor away in Santa Monica's Water Garden building.
Predispute Contractual Waivers of Jury Trial
Predispute waivers of jury trials are unenforceable under California law, subject to certain limited exceptions. While the recent California Supreme Court case of <i>Grafton Partners v. Supreme Court</i>, invalidated such waivers, there remain two ways that parties can agree, predispute, to avoid a jury trial in commercial real property related transactions.
Index
A complete list of the cases included in this issue.
