What to Do When a Tenant Files Bankruptcy 

A tenant bankruptcy conjures up images of valuable space being interminably occupied by a deadbeat who neither pays rent nor allows the landlord to obtain a new tenant who will pay rent. While bankruptcy is frustrating for all creditors, landlords

Legislative Update 

Last year several key legislative initiatives affecting commercial real estate were signed into law, including bankruptcy reform, energy measures, tort reform, and do not fax provisions. The following issues remain open for resolution in the 109th congressional session. Banks in

Understanding Federal Healthcare Laws 

Many healthcare providers are facing increasing competition from other providers in their community to attract the best insured patients, while reimbursement rates from third party payers such as Medicare, Medicaid, and private insurance companies, for their services are shrinking. This

15 Guidelines for Tenant-In-Common Properties and Sponsors 

Proper structuring is a critical step in tenancy in common transactions. Pursuant to Revenue Procedure 2002 22, the Internal Revenue Service will consider issuing a private letter ruling to an interested party if the following 15 conditions are met and

Considering CRTs 

In recent years, many of my clients have relayed the same situation as they approach retirement age They bought an investment property 20 or 30 years ago that has appreciated beyond their wildest dreams. But that&rsquo s where the good

Power Play 

Electric power — America’s last regulated monopoly — is in transition to becoming a deregulated industry. Sometimes referred to as restructuring, deregulation of this $200 billion a year industry means big changes for owners and managers of commercial properties. Although

Products Completed Operations Hazard 

Commercial general liability insurance policies generally provide broad coverage, but the exclusions tacked on may winnow down that broad coverage and, in essence, re write the policy in a far more restrictive fashion. This is especially the case with respect

Obtaining Permission(1) 

When commercial real estate projects affect streams, wetlands, or other bodies of water that fall under the Clean Water Act's jurisdiction, generally developers cannot discharge dredged or fill material into the waters until they obtain a CWA Section 404 permit

Mediation Basics 

A slow real estate market is fertile ground for contract disputes, and CCIMs are not immune. While arbitration can be useful in solving disputes, it is often inefficient and in this market prohibitively expensive. "With arbitration, sometimes relationships are damaged,"

Environmental Risk: 10 Myths 

Buyers, sellers, borrowers, and lenders frequently misperceive environmental liability risk in acquisitions and financings. These misperceptions make it difficult to identify, quantify, and apportion environmental risk appropriately between parties to a transaction. This article identifies — and debunks — 10

Taking the Stand 

Can you swear to tell the commercial real estate truth, the whole truth, and nothing but the truth? Then you might want to consider a fee income option that many brokers and other industry professionals take on — testifying at

Group Dynamics 

Sponsoring syndications offers commercial real estate professionals investment opportunities greater than those they may be able to handle individually. Syndicators pool the resources of several investors to acquire a more expensive property, while diversifying the risk of real estate ownership.

Learning the Landscape 

Like taxes and death, landscape ordinances usually are inevitable, although savvy commercial real estate developers may be able to negotiate trade offs to reduce costs and time spent on landscaping. In most communities, developments must adhere to landscape ordinances as

Ensuring Adequate Coverage 

Commercial real estate companies typically endure the annual renewal of their errors and omissions insurance. Considered a mundane task by most, the process begins about 90 days before the current policy expires. The office manager usually transfers information from last

Guarding Against Tenant Bankruptcy 

For years, bankruptcy has signified the end of the line for struggling companies. But in today's economic climate, many businesses use the U.S. Bankruptcy Code as a blanket of protection from creditors while they attempt to reorganize and emerge on

Environmental Deal Breakers 

Environmental liability concerns can serve as major deal breakers during commercial real estate sales and transfers. While sellers want freedom from environmental liability issues after the sale, buyers want to avoid the many challenges associated with contaminated properties. For example,

Digging Up Environmental Problems 

Nothing can kill a deal faster or make a lender flinch quicker than the mention of environmental concerns. The basis for that reaction comes from the Comprehensive Environmental Response, Compensation, and Liability Act. In graduate school, environmental science students are

Contemporary Zoning Conflicts 

Eighty six years ago, the U.S. Supreme Court validated the practice now known as modern day zoning. Thanks to the court’s decision in Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926), the substantial majority of American