An all-inclusive deed of trust (“AITD”) is used when the seller will be financing part of the selling price, and the buyer will also take subject to the existing deed of trust. The seller remains on the existing loan (and continues to make the payments) and finances the difference between the existing loan balance and…
Traditional and social media are thick with reports and predictions of the remarkable increase in size, power consumption and significance of data centers. Not only technology companies but real estate and energy developers, investment funds, lenders, and professionals of all stripes are in or determined to enter this sector. Our inboxes are full—it’s data center…
Can a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) cease to be a “retail premises lease” during its term? That long-standing question has finally been resolved. In Verraty Pty Ltd v Richmond Football Club Ltd [2019] VCAT 1073 the Tribunal held that a lease could cease to a…
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On May 25, 2023, the United States Supreme Court decided Sackett v. EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). The CWA grants the Environmental Protection Agency (“EPA”) authority to regulate water quality in the Nation’s rivers, lakes and streams. But discerning the precise boundaries of the CWA has led…
Read More “From Murky Waters to Clear Paths: Why Sackett v. EPA Matters for Wetland Development” »
Are you a seller willing to provide a mortgage to a prospective home purchaser? Or, are you a residential home purchaser able to purchase a home for full price or even a higher offer and seek alternative financing? There is an uptick in seller financing for both parties due to the increase in interest rates…
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This is the second of a three-part series. See Part 1 here. The Grenfell Fire Inquiry Panel report was very detailed. However, it was limited in its scope by its terms of reference. This is probably just as well as it would otherwise have taken considerably longer than seven years to complete, bearing in mind…
What if you had an easement to place roads across property to access your own, and you then developed your property into a shopping center. Could you include parking spaces in the easement area? A recent California decision points out the requirement to be clear in drafting easement language because only necessary incidental uses are…
Florida has seen tremendous growth and development over the past decade. With that growth has come a lot of changes in the economy and a large spike in population. This has created a thriving real estate market for homebuyers, with the demand for housing rising greatly. But there is one major thing we have learned…
Read More “Live Local Act and Its Major Effects on Development Approvals for Affordable Housing” »
Understanding the responsibilities of property management and tenant rights can be complex, especially when changes occur in property ownership. A Section 3 Notice plays a pivotal role in such situations. The legal requirement ensures transparency and continuous communication between new landlords and existing tenants and that the tenant is aware of the new landlord. Helix…
Professor Real Estate® Suzanne Hollander wishes you a Happy Thanksgiving full of Real Estate! Bank Rate consulted with Suzanne on the Risks and Rewards of Buying a Property Through a Foreclosure Auction. Read Suzanne’s commentary below published on November 7, 2023 Homes listed for sale online aren’t the only available properties out there. Sometimes, homes are auctioned…
Read More “Bankrate Publishes Suzanne Hollander’s Commentary: How to Buy a House at Auction” »
