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Limited Guaranties 

Landlords want to be assured of the economic strength of their tenants however, determining what is the right amount of security can be difficult. In a perfect world, the landlord takes a full guaranty from a creditworthy person, especially if

Disclosure Duty 

Do you have to tell your commercial tenant that its space is in a flood plain? The opinion of the U. S. District Court for the Middle District of Tennessee is that under Tennessee law, you do not. While this

Seeking Comfort 

When providing loans on branded hotel properties, mortgage lenders usually seek a “comfort” or “recognition” letter from the brand’s licensor or franchisor. A comfort letter is a tri party agreement among the owner, the lender, and the licensor. Its purpose

Exclusive Use 

As the nature of office space changes and as the mixed use concept proliferates, it’s not surprising that battles over exclusive use rights are spreading beyond their traditional arena at retail centers. It is common in retail settings for tenants

Oil and Gas Exchanges 

No doubt some participants in the thriving oil and gas business are looking — or probably should be looking — to move some wealth out of the highly cyclical energy field. An obvious tactic for diversification into real estate is

Accessibility Litigation 

The number of lawsuits filed against business owners based on violations of the Americans With Disabilities Act and Federal Housing Administration accessibility requirements grows every year. The best way to avoid a lawsuit is to find and fix any violations