A Beginners Guide to 1031 Exchanges
The replacement property must be equal or greater in value. Paying taxes on a successful real estate transaction can significantly reduce an investor's return. Fortunately, a well-established legal strategy allows investors to defer capital gains taxes while...
What is a Memorandum of Lease and Why is it Important in Massachusetts?
In Massachusetts commercial real estate, understanding when and how to record lease-related documents can help protect long-term interests. One document that often comes into play for leases longer than seven years is the memorandum of lease—also known as a notice of...
What Happens to Commercial Real Estate Leases When a Property Is Sold?
In Massachusetts, commercial real estate transactions often raise an important question for both landlords and tenants: What happens to an existing commercial lease when a property is sold? The short answer is that the lease typically remains in effect, and the new...
Escrow Provisions in a Commercial Purchase and Sale Agreement
A commercial real estate Purchase and Sale Agreement ("PSA") typically requires the buyer to make a good faith deposit concurrently with or shortly after signing the agreement. This deposit plays an important role in the transaction. Typically the deposit will...
Negotiating Access Rights in a Commercial Real Estate Purchase Agreement
In a commercial real estate transaction, the Purchase and Sale Agreement (PSA) typically grants the buyer the right to access the property during a defined due diligence period. This period allows the buyer to inspect the property’s condition and discover any...
Estoppel Provisions in Commercial Real Estate Leases
Commercial leases generally provide landlords the right to request an estoppel certificate from a tenant at certain times or under certain circumstances. An estoppel certificate is a signed statement by a tenant that certifies the accuracy of certain facts about...
Understanding Casualty and Condemnation Provisions in a Commercial Purchase Agreement
One of the things that a commercial real estate purchase agreement does is allocate the “risk of loss” for the property prior to closing. Typically there is a period of time, frequently 60-90 days, but sometimes as long as a year or more, between when the...
What is a Choice of Law Provision in a Commercial Real Estate Purchase Agreement and Why is it Important?
Although it may appear to be boilerplate language, the choice of law clause plays a practical role in shaping how a purchase agreement is interpreted and enforced. For both buyers and sellers, identifying the governing law in advance can reduce procedural...
When to Hire a Commercial Real Estate Attorney
Navigating the complexities of commercial real estate transactions can be a daunting task. Whether you are buying, selling, leasing, raising capital, negotiating loans, or resolving disputes, having a knowledgeable commercial real estate attorney on your side can be...
What Does a Commercial Real Estate Attorney Do?
What Does a Commercial Real Estate Attorney Do? A commercial real estate attorney helps their client achieve the client’s business objectives in a risk efficient manner. An experienced real estate attorney helps a client understand what to expect with respect to a...