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Real estate is an extremely popular asset class among the wealthy. In addition to stocks and bonds, wealthy investors often have significant direct real estate investments within their portfolios, whether that be residential, commercial, or industrial. Likely the biggest reason for direct real estate investing is diversification. However, the tax benefits of real...

The Tax Cuts and Jobs Act of 2017 significantly altered the U.S. Tax Code through changes to capital gains treatments, personal deductions, and a series of other revisions. For real estate investors and businesses, the creation of opportunity zones offers significant tax reductions. The purpose of the opportunity zone program is to incentivize investors...

Perhaps you’ve heard of the 1031 Exchange. Perhaps you haven’t. Regardless, you are likely unfamiliar with what a 1031 Exchange actually does and how it works. The 1031 Exchange is a federal tax-deferral option popular among real estate investors. Section 1031 of the Tax Code allows investors to swap like-kind assets without incurring taxes,...

There are a number of differences between commercial and residential leases. The most significant is the “use” provision. The premises leased under a commercial lease may be used for a business purpose described therein such as a retail store, office or manufacturing facility (provided it is zoned for such use).  It should be noted...

“Ninety percent of all millionaires become so through owning real estate. More money has been made in real estate than in industrial investments combined. The wise young man or wage earner of today invests his money in real estate.” – Andrew Carnegie, billionaire industrialist

For millions of Americans, real estate provides the opportunity to build...

When shopping for a residence, a buyer may be attracted to its architectural style,  the lifestyle it offers, privacy, control over of making alterations or maintenance concerns and fees. When considering a cooperative apartment (a “Co-op”), a condominium unit ( a “condo”), a town house or a detached house, it is crucial to understand...

You found the perfect location for your business, retail store or office, and you are ready to sign the lease!  Unlike residential leases, which usually have a 1-year term, a commercial lease can be much longer, typically 5-10 years. Before signing a commercial lease, a business tenant should consider all the ways to get...

After a recent federal tax reform bill was approved, many are concerned with the law’s disproportionately negative impact on tax-heavy states, and the incentive for residents of such states to relocate to tax-free states such as Florida. 

However, there are very real and potentially significant impacts on commercial real estate in the South Florida area,...

A commercial landlord will want protections in the event that the tenant fails to pay the rent or otherwise breaches the lease. A landlord can obtain such protection by reviewing a tenant’s financials and requiring a security deposit in an amount that provides adequate assurances. Another way a landlord can get protection is to request...

The law recognizes many types of liens on Real Property.  A lien is a claim or a means for enforcing the obligations of the owner of real property to pay for it.  Examples of liens placed on property include: A judgment lien placed on real property because a judgment issued by a court was not...

As a condition of a mortgage loan, a lender may require that the borrower (or landlord) obtain a signed Subordination, Non-Disturbance and Attornment Agreement (SNDA) from the tenants. A SNDA is a tri-party agreement between the lender (the mortgage), the borrower who uses the proceeds to purchase the property (the landlord) and the tenant.  A...