As high interest rates continue to shape the commercial real estate landscape, buyers are increasingly exploring alternatives to traditional financing. One such strategy—assuming the seller’s existing mortgage—can offer significant savings when the seller’s loan terms beat current market rates.
But executing a loan assumption isn’t simple. It requires close coordination with lenders, detailed contract language
The article by Patrick Abell and Andrew Solomon provides guidance for landlords dealing with restaurant tenants who have gone out of business. It emphasizes the need for landlords to quickly regain control of the premises, either through a negotiated surrender of the space or formal eviction. Landlords should then promptly seek to re-let the space
Originally published by the Daily Journal of Commerce on March 5, 2024.
In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the ability to flexibly manage real estate assets becomes increasingly valuable.
In the busy world of commercial real estate, buyers and sellers may be unable to complete all contractual obligations before closing. In those instances, parties often identify certain “post-closing” matters in the contract. Typically, if those provisions are not carefully drafted to “survive” the closing, then the terms may merge with the deed and be deemed satisfied at closing. However, in a 2022 Oregon case, Freeborn v. Dow, the Oregon Court of Appeals identified a nuance to that rule and explained that certain contractual matters may survive closing and not merge with the deed, regardless of the presence or lack of a survival clause.
Originally published by the Daily Journal of Commerce on December 6, 2022.
With more and more corporate tenants and institutional owners looking to reduce their carbon footprints, clean energy improvements in initial project development as well as upgrades to existing projects have become more appealing. However, with interest rates and material costs on the rise