5 things to consider when deciding whether to include an arbitration clause in a real estate contract

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck arbitrating, commercial parties often negotiate every last term of their agreements. This includes whether to require the parties to arbitrate their disputes or take them to court. There are advantages to each, so here are five things to consider when deciding whether to include an arbitration clause in a real estate contract, such as a purchase and sale agreement or lease. CONTINUE READING...

If I get a judgment against my commercial tenant, will I be able to collect?

Before pursuing a tenant for damages, a landlord must decide whether there is value in pursuing a defaulting tenant for money damages. So how does a landlord decide? Read 10 things a landlord should consider in this post. CONTINUE READING...

Top 10 provisions your litigator wants in your commercial lease

It’s bad enough having to call your real estate litigator. But it’s worse when he or she tells you that your lease is missing some critical provision that would help you in your current dispute. Here are ten things your litigator wants to see in your commercial lease. CONTINUE READING...

Two types of liens commercial real estate sales brokers should know about

No point in finding a willing buyer for your client’s property unless you get paid for your efforts, right? A lien can be a powerful tool to make sure this happens, but not without risk. CONTINUE READING...

How to prevent a tenant from removing valuable equipment before they flee

Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that could help attract a new tenant. A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. CONTINUE READING...

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