Commercial Foreclosure Basics, Part 1 – Difference between Commercial and...
As the current economic recession deepens, commercial landlord's are beginning to feel the pinch from defaulting tenants. This will likely cause a ripple down effect, likely putting many commercial...
View ArticleBankruptcy Still Protects Tenant Even After Eviction Judgment
I've noticed some confusion among some of my clients and other attorneys over some of the changes of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, ("BAPCPA") as the changes...
View ArticleNew California Law Limits ADA “Hit & Run,” Plaintiff Suits
Effective January 1, 2009, California Senate Bill 1608 went into effect, limiting the rights of some disabled plaintiffs to bring suits to enforce the Americans with Disabilities Act. This new law was...
View ArticleSimon Property Group Seems to be doing Well
Going against the grain or not yet feeling the pain, Simon Property Group, major national owner of major malls, including Laguna Hills and Mission Viejo Malls in Orange County California, reports...
View ArticleCommercial Leases with Longer Notice Periods
In my earlier posting on January 20th, Negotiating Longer Notices To Pay Rent in Commercial Leases Part 1 , I discussed the significance of requiring a notice before a default occurs, in a commercial...
View ArticleBankruptcy IPS Facto Clause is Unenforceable
So, what is IPSO Facto? It is a Latin term that Lawyers use to mean, "automatic." In commercial leases, it means that no notice or anything else must first occur before the terms of the provision...
View ArticleEVERYTHING SEEMS MORE COMPLICATED
It’s not just me, so I am not going to ask the question. But it just seems that even the simplest things are complicated now and I am sure that it is due to information overload. I thought computers...
View ArticleDeficiency Judgments allowed in Arizona
For those living in California, take heed of Arizona's new law allowing deficiency judgments in foreclosure actions. In July, Arizona passed legislation removing the ban on a lender obtaining a...
View ArticleBy accepting rents late on a regular basis, commercial landlords can...
An issue recently arose with one of my clients when they wanted me to serve a 3-day notice on the 2nd day of the month. In reviewing the lease and the payment history, I noticed that the lease...
View ArticleFixed Fee Billing to Control Costs of Lease Negotiations
There was a recent discussion on the Corporate Real Estate Group regarding fixed fee billing by attorneys for lease negotiations. The following were my comments: Fixed fee billing can be of benefit to...
View ArticleCalifornia Appeals Court Rules Oral Promises Are Binding
A recent California appeals court ruling found that an oral promise by a lender to modify a loan is enforceable, by the borrower. California Appeals Court Rules Oral Promises Are Binding. To an...
View ArticleCommercial Real Estate Radio Discusses Selected Commercial Lease Clauses with...
On the February 16th show of Commercial Real Estate Radio, .Important Commercial Lease Clauses – Part 1 2/16/2011 – Howard Kline | Internet Radio | Blog Talk Radio., Dan Shasteen and I will focus on...
View ArticleImportant Commercial Lease Clauses – Part 1
During this show, Dan Shasteen and I will focus on specific lease clauses typically contained in commercial leases but that landlords and tenants pay little attention to. These provisions often are...
View ArticleMortgage Cram-Downs by Bankruptcy Judges Are Taking Place: DBRS
Mortgage Cram-Downs by Bankruptcy Judges Are Taking Place: DBRS. Are residential mortgage cram-downs authorized by law or do they even make sense? I suppose from the borrowers perspective, at least for...
View ArticleImportant Lease Clauses: Part Deux
This is the second of a multi-part series of shows where we discuss selected lease clauses, on air with legal and real estate experts. During this show, my featured guest, Jeff Vinzani and I will be...
View ArticleIs There Gold in Thar Hills?
I noticed this "ar" aticle (and no Mike, I did msipell this intentionally), in the Orange County Register about the expansion of Gold Max, a growing retail chain in the business of buying and selling...
View ArticleWaiver of Jury Trial in a Commercial Lease
Every commercial landlord wants a waiver of jury trial provision in their lease and nearly every commercial lease in California contains such a provision. Why do landlord's feel that this provision is...
View ArticleDo Real Estate Brokers Owe a Minimum Wage to Their Agents
At least one court and now the California Labor Commissioner thinks that agents are owed a minimum wage despite the traditional practice of paying agents as outside sales people on a commission only...
View ArticleDisclosure for Commission Rebate to Tenant
Wow, shame on me for not writing a post for over 1 1/2 months. I really got very busy with legal work, representing clients and attending conferences, etc. Shame on me and hopefully, this shameless...
View ArticleCrowdfunding to Raise Capital for Real Estate Investments. Good Idea or Bad?
The following is a guest blog from syndicating expert, Gene Trowbridge. His contact information is at the bottom of this post and if you would like to hear my interview of Gene in which we discuss...
View ArticleTroubled CRE Assets Take Down Another Six Banks – CoStar Group
I read this article, Troubled CRE Assets Take Down Another Six Banks – CoStar Group, from CoStar, feeling a bit like Michael Corlioni from the Godfather. "Just when you think that you got out of it,...
View ArticleCalifornia Courts Take Another Budget Blow – Time for Collaborative...
I know that this post relates to California courts, but it probably is equally applicable to courts in other states throughout the United States. If you live anywhere else other than California, think...
View ArticleHow Much Notice Should a Landlord Give When a Commercial Lease Requires More...
While this issue rarely arises in residential leases, it is not uncommon for a commercial tenant to negotiate into a lease the requirement that the landlord provide more than 3-days notice, statutorily...
View ArticleBusted? US Attorney and Cities are Going After Landlords Who Lease to...
A few months back a shopping center property manager doing work for a client of mine called me to advise me that they received a letter from the city attorney informing them that a lawsuit was filed by...
View ArticleCrowdFunding to Raise Capital for Real Estate Investments is Still Not a Done...
From my guest blogger, Gene Trowbridge, "The Expert" on syndication issues. Gene writes: To keep you up to date! Two items posted as alerts to syndicators that I thought would be interesting to you....
View ArticleShould an Electronic Listing Service Such as Loopnet be Required to Be...
I recently read an interesting article distributed by the Associated Press and republished by the Silicon Vally, Mercurynews.com about the state of Nebraska’s requirement that the owner of a...
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New ADA Requirements for California Commercial Landlords
Much has been discussed about SB 1186, recently signed into law by Governor Brown of California. The bill had pretty wide bipartisan support and addressed some significant widespread abuse regarding...
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Acquiescence of Criminal Activity in Leased Premises May Subject Property to...
Gene Grant, in his somewhat rambling and unfocused article “Is Your Tenant a Criminal?” makes certain claims and recommendations, some of which I do agree with and some I don’t. First: If you know and...
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Can You Copy the Design of a Building?
Under the category of “you can teach teach old dogs new tricks,” Jeff Reichard of the law firm of Nexsen Pruet describes the 10 Things that You Should Know about Architectural Copyright law. I didn’t...
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What’s Going on in Sacramento? The Good, Bad and Ugly
Show Description They say “what happens in California affects the rest of the country,” but I would add that is both good and bad news. It’s undeniable that California legislation and propositions...
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EPA Broadens Protections of Tenants in Brownfields
Much thanks to Stephen E. O’Day, Andy Thompson and Phillip Hoover at the law firm of Smith, Gambrell & Russell, LLP for bringing this new EPA Guidance to the light of day. It seems that the EPA has...
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Buildings, Blueprints and Lawsuits: Architectural Copyright Protections and...
Show Description As we slowly slip out of the realm of recession and into the thought of recovery and new construction, developers are beginning to think about new buildings and design. Architects are...
View ArticleCalifornia’s Highest Court Extinguishes Marijuana Dispensary Hopes
The California Supreme Court today decided that cities and counties may enact and enforce zoning ordinances that completely ban medical marijuana dispensaries within their geographical borders. In...
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Is Email “Written” Notice as Required by a Lease? Can an Email Modify the Lease?
A recent lower court case out of Manhattan, New York raises two very interesting legal issues for both landlords and tenants: Is an email adequate notice if the lease requires “written” notice? Is the...
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Opening a Franchise: American Dream or a Landlord Nightmare?
Show Description When it comes to retail leases for franchised businesses, the perspectives of landlord, franchisor, and franchisee often differ. The ongoing shortage of premium retail space only...
View ArticleShould Attorneys Lead the Lease Negotiations?
As attorneys, we serve in advisory roles supplying negotiators with up-to-the-second advice, on the legal ramifications of options and decisions that arise in the course of negotiations. However many...
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Tweeting for CRE: What is More Valuable, Amount of Followers or Their...
A recent article on Generation Internet Real Estate was an admission by Mark Hawkins of how not to use twitter. Like me, he is not afraid to admit his mistakes. In this case his article is an admission...
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Real Estate Crowdfunding and Other New Financing Opportunities
Photo illustration by Don Hankins on Flickr (CC BY 2.0)Skyline photo by Jason Murphy on Flickr (CC BY 2.0) By now, everyone has heard about the new Jobs Act, and how it allows for “crowdfunding” in...
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Real Estate Opportunity & Private Fund Investing: IMN Conference Preview
Interviews with Distinguished Experts Discussing Real Estate Opportunities & Private Fund Investing Today we get to speak with three distinguished guests who will be participating in panel...
View ArticleAre You Making the Best Use of Your Time & Skills? Hiring an Assistant or...
A few weeks ago, Allen Buchanan, an experienced broker at Lee & Associates was telling me that he was in the process of hiring an assistant to help him with his real estate practice. Someone he...
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A Guaranteed Way to Tell Which Way the Economy is Heading
Short Answer: Contact Your Friendly Real Estate Attorney. Yes, you read that right. Your friendly local real estate attorney. The one who writes leases for commercial space, evicts tenants and collects...
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Volunteer and Lead to Get the Most out of Your Professional Organizations
Read First, (video follows written text): Sometimes, the best that you do is by accident. The important thing is to be aware of everything going on around you and you just might, without knowing why,...
View ArticleShould Internet Sales be Included as Percentage Rent?
For those not familiar with retail leases, a “percentage rents” clause or provision is one that is often included in a retail lease and provides for the payment of additional rent, depending upon the...
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