Category: Real Estate

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...

When one party agrees to let another party use its business space, they must agree on the terms of use, the fee, the term and how the occupancy will come to an end.  This is referred to as a license to occupy space, which is different from a commercial lease.  A commercial lease is...

A new home is often the biggest financial investment for many individuals and families. With the down payment and all the costs of closing on a home, a buyer may seek to cut costs, however, title insurance is not the place to do this. Most consumers are familiar with health insurance and car insurance,...

When engaging a realtor to list a home, the realtor will ask a seller to sign a listing agreement which will detail the broker arrangement and the terms of paying the commission.  You should consult an experienced real estate attorney before you sign a brokerage agreement   Key Terms of a Real Estate Brokerage Agreement A brokerage...

A landlord and a broker typically enter into a brokerage agreement in connection with the leasing of commercial space. The best way to protect your interests is to consult an experienced real estate attorney before signing such an agreement.  Key Terms of a Commercial Lease Broker Agreement A broker who finds a tenant for a landlord...