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  • Article

    Real Estate Sellers Not Required To Disclose Murders, Suicides And Other ‘Psychological Damage’ To Property

    In a recent decision dated December 26, 2012, the Pennsylvania Superior Court reaffirmed that psychological damage to real property is not considered a material defect in the property that must be revealed by the seller to the buyer.
    United StatesReal Estate and Construction
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    PA Supreme Court Permits Evidence Of Offer Amounts

    In a dramatic change in eminent domain law, the PA Supreme Court has now opened the door, in certain circumstances, for the use of purchase offer amounts in valuing condemned properties.
    United StatesReal Estate and Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    AB 886-New Form Of California, Acknowledgement And Jurat - When Simple Things Change, It Affects Everything

    When complicated things change, only those that do transactions in the niché area are affected, and those people generally have counsel that guide them through the impact of the change.
    United StatesReal Estate and Construction
    Cooley LLP
    Cooley LLP
  • Article

    Proceed With Caution When Considering The Acquisition Of A Busted Deal

    A discussion on the importance of due diligence when evaluating the acquisition of a busted deal.
    United StatesReal Estate and Construction
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Using An LLC To Maintain Privacy When Buying Residential Property

    Last week, Business First of Louisville published a report and slideshow on the top 25 largest residential real estate transactions of the first quarter of 2015 in Jefferson County.
    United StatesPrivacy
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    The Nuts And Bolts Of Easements

    An easement is the right to use the land owned by another for some designated purpose. Such uses typically include ingress/egress, rights-of-way, utility, or water access.
    United StatesReal Estate and Construction
    Barrett McNagny
    Barrett McNagny
  • Article

    When An Owner Of Real Estate Contemplates A Sale

    As the real estate market continues to gather steam, many owners of rental properties are again contemplating the sale or exchange of their holdings.
    United StatesReal Estate and Construction
    ORBA
    ORBA
  • Article

    Texas Supreme Court Approves Top Lease Of Reversionary Interest; Orders New Trial On Production In Paying Quantities

    In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor's possibility of reverter...
    United StatesReal Estate and Construction
    BakerHostetler
    BakerHostetler
  • Article

    Potential Claims: Don’t Forget ILSA (Federal Interstate Land Sales Full Disclosure Act)

    Interstate land sales may be subject to registration and anti-fraud provisions under the Federal Interstate Land Sales Full Disclosure Act.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    California Allows Employees in the Construction Industry to Waive PAGA Remedies Pursuant to Qualifying CBAs

    Among the approximately 1,000 bills signed by California Governor Brown last month was Assembly Bill 1654 ("AB 1654"), which allows a class of employees to waive the remedies created by the PAGA of 2004.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Of Auction Sales And Fees: Going, Going, Going … Not Gone

    A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    What Happens If The Buyer Dies Before Closing?

    It’s an uncomfortable topic, but it also creates immediate legal and financial questions for surviving family members, sellers, lenders, and real estate professionals.
    United StatesReal Estate and Construction
    Minchella & Associates
    Minchella & Associates
  • Article

    Psychological Defects On Residential Real Property Left To Caveat Emptor

    This article discusses obligations of a seller of residential real property to disclose to a buyer psychological and reputational defects such as a prior crime that occurred on the property.
    United StatesReal Estate and Construction
    Katten
    Katten
  • Article

    Legislature And Court Clarify Illinois Mortgage Law

    A discussion on the legislative and judicial clarification of mortgage law in Illinois.
    United StatesReal Estate and Construction
    Katten
    Katten
  • Article

    Trustee Could Not Challenge Sale Proceeds Disbursement Nearly One Year After Preconversion Sale

    The Bankruptcy Court for the Eastern District of Michigan recently ruled that a chapter 7 bankruptcy trustee could not, nearly one year after a sale of debtor’s real property that occurred prior to the conversion of the case, challenge the disbursement of the sale proceeds to the first mortgagee.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Reed Smith
    Reed Smith
  • Article

    How To Effectively Manage Vapor Intrusion Risks When Acquiring And Developing Property

    Parties acquiring and developing property must make sure that their environmental due diligence process includes a thorough assessment of VI risks.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Innocent Purchasers May Still Be Liable Under the Spill Act

    In a recent case, the Appellate Division ruled that a 2001 amendment to the New Jersey Spill Act had essentially nullified a long line of cases which had found that persons who had purchased already-contaminated land were not liable for cleanup costs under the Spill Act.
    United StatesEnvironment
    Archer & Greiner P.C.
    Archer & Greiner P.C.
  • Article

    Phase I Environmental Site Assessments: What Are They And Why Do We Do Them?

    Whenever commercial or industrial property is sold, leased or financed, the checklist of due diligence items includes a Phase I environmental site assessment (Phase I).
    United StatesEnvironment
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Faith No More: Ohio Supreme Court Casts Doubt On The Meaning Of “Other Minerals” In 1953 Deed

    The Ohio Supreme Court has issued a significant ruling on whether a 1953 deed's reservation of "coal or other minerals of any vein" includes oil and gas rights. The decision examines how specific language choices and the absence of oil-and-gas-related terminology in deed reservations can determine the scope of mineral rights, potentially reshaping how courts interpret similar conveyances across the state.
    United StatesEnergy and Natural Resources
    FBT Gibbons
    FBT Gibbons
  • Article

    Buying A Home With Tenants In Place: What You Need To Know

    Purchasing a residential property with existing tenants requires careful attention to lease agreements, possession rights, and financing requirements. Understanding how tenant occupancy affects closing timelines, security deposits, and the buyer's ability to occupy or use the property can prevent costly surprises and legal complications during the transaction process.
    United StatesReal Estate and Construction
    Minchella & Associates
    Minchella & Associates

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