Category Archives: Real Estate Transactions

  1. The DSCR: Calculating Your Property’s Financial Health

    In the search for an investment property, one of the first things any investor will consider is the property’s ability to cover its own operation and debt costs. Your lender will be just as, if not more, interested, and their underwriting team will delve deeply into the property’s recent financials calculating the annualized Debt Service…

  2. Real Estate Fund versus Syndication

  3. The Due-On-Sale Clause: What It Is And When To Ignore It

    A Due-On-Sale Clause can be found in most contemporary mortgage instruments and, as the name suggests, states that the mortgage debt will become due upon sale of the property.  From a lender’s perspective the logic is fairly straightforward – security for the loan is put at risk when the collateral property is owned by a…

  4. Introduction To Easements

    An easement is, simply put, a right to enter or otherwise use someone else’s land for a specified purpose.  Stated another way, but with slightly more pretention for effect; an easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.  As you might imagine, merely labeling something…

  5. A (Very) Basic Introduction to Estates in Land

    As with most legal concepts, the question of real estate ownership is not simply a yes or no proposition – like cakes and onions, the answer has layers.  Specifically, the various rights accompanying real property ownership can vary in kind, degree, and duration, and include – but are most certainly not limited to – the…

  6. The Fundamentals of a Hotel Transaction: Buyer’s Edition

    Hotel investors typically have two paths to take ownership of a hotel asset: Build or Buy. In my experience as a hospitality and transactional attorney, I have learned that those that build (via ground-up new construction or re-development of an existing asset) generally prefer to build a hotel asset over buying an existing asset for…

  7. The Importance of a Commercial Lease Review (Part 2)

    In my previous article, I discussed the importance of a lease review. The lease agreement is the binding agreement between the Lessor and Lessee and many important considerations exist. In most leases, the Lessor-Lessee relationship is known as the Landlord-Tenant relationship. There are many important considerations when reviewing a lease.  A few additional items we…

  8. Option Fee Now Included in Mobile Deposit

  9. The Importance of a Commercial Lease Review -Part 1

    The lease agreement is the binding agreement between the Lessor and Lessee. In most leases, the Lessor-Lessee relationship is known as the Landlord-Tenant relationship.  Leases are common in almost every industry as business owners often lease space to operate his or her business. The lease agreement details the terms both parties are agreeing to and…

  10. The Importance of the LOI before the Purchase Contract

    The Letter of Intent, also known as an “LOI” or “Term Sheet”, is generally prepared by the buyer and submitted to the seller. In order to formalize the intent here, it is appropriate for both parties to review and sign the document, so everyone is on the same page as to how the purchase contract…

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