All in real estate law

Glimpses of the Future of Real Estate

I recently returned from a national conference of title insurance agents. The agenda included traditional, technical topics like underwriting standards and title insurance claims—very helpful, even if not the most exciting, topics. But, there were several presentations that were entirely different. The real stars of the show were about the future of real estate law, title insurance, and real estate transactions in general. As everyone tries to keep up with—or perhaps even get ahead of—the curve of rapidly advancing developments, here are my main takeaways:

Are Your Real Estate Documents Prepared for Hurricane Season?

Hurricane season began on June 1. With reminders like Hurricanes Michael and Katrina fresh in our minds, many of us have taken steps for hurricane preparedness in our homes and offices. Have you also considered that you need to do the same for your real estate agreements? Now is the time for people involved in real estate to check and make sure that their documents are completely up-to-date with various measures that anticipate the possible effect of storms like these.

An Ever-changing Retail Landscape Finds Another Use: Office Space

If you ask 10 real estate professionals about the future of retail real estate, you’ll get 10 different answers (maybe 12 if some brokers are in that group). The answer seems to be—flexibility and vision. The following article, “The New Mall Tenant Is Your Office,” which recently appeared in The New York Times, demonstrates yet another adaptation—the incorporation of office space into retail developments, or even in full replacement of retail uses.

Belts and Suspenders for Landlords, but the Tenant Can Still Cause the Pants to Fall 

In a recent case decided by the Louisiana Court of Appeals for the Fifth Circuit, which has jurisdiction over Jefferson Parish, Louisiana, a landlord put into its lease all of the proper provisions to relieve the landlord from liability for injuries inside the leased premises, but those provisions still could not prevent the tenant from having her day in court to try to impose liability on the landlord.

Hurricane Preparedness for Commercial Real Estate Agreements

I recently had an article, “Hurricane Preparedness for Commercial Real Estate Agreements,” published in New Orleans CityBusiness. As I cover in this piece, hurricane season begins on June 1. With reminders like Hurricanes Harvey and Katrina fresh in our minds, many of us will begin to review steps for hurricane preparedness in our homes and offices. Have you also considered that you need to do the same for your real estate agreements?  Now is the time.

Small Case, Important Principles For Written Agreements

A relatively small case, recently decided by the Louisiana state Court of Appeal for the Fifth Circuit illustrates two important principles: First, a court will often find a way to get around legal technicalities when they are being used by a party to achieve what the court perceives to be an unfair result; and Second, written contracts may always be modified orally or by the conduct of the parties, so be careful what you say and do after the ink is dry.

Report on “Emerging Trends in Real Estate 2018”

I recently attended the “9th Annual What’s Really Going On & Emerging Trends in Real Estate”  conference sponsored by PWC and the Urban Land Institute. PWC annually conducts an extensive survey of business people and academics in the real estate field, and then produces a comprehensive and detailed report on the subject. This year’s report, “Emerging Trends in Real Estate 2018,” is almost 100 pages long, and is packed with statistics and analysis of the real estate capital markets, trends, patterns, and outlooks for both investment and development.

In a Purchase Agreement, Words Matter—A Lot

When your attorney is poring over every word of a purchase agreement that you are about to enter into, and you are getting frustrated with the way the attorney is fretting over small details, think about the case that partner Robert Steeg is about to describe. Your attorney is protecting your interests by worrying about the meaning of every phrase.

Timely Issues in Commercial Leasing Today

I recently attended the invitation-only Advanced Commercial Leasing Institute (ACLI) at Georgetown Law School. The annual ACLI program brings together 150 private-firm lawyers, company in-house counsel, and non-lawyer leasing professionals for two participatory days of presentations and discussions that explore important, timely issues in commercial leasing today.

All Landlords Need to be Aware of These Rules

A case decided by the Louisiana Court of Appeal for the Second Circuit in January of 2016, KM, Inc. v. Weil Cleaners, Inc., should be viewed as totally routine and utterly unremarkable. It followed several rules of law that are well established in both the cases and the Civil Code. Yet many landlords are unaware of these important rules and therefore continue to make mistakes that cause them to lose cases like this one.

Some Tips on Section 1031 Exchanges

Many property owners are generally familiar with the idea of deferring the taxable gain on the sale of real estate by applying the proceeds of the sale to the purchase of another parcel of like-kind property under Section 1031 of the Internal Revenue Code—a so-called “Section 1031 exchange.” Steeg Law has helped many clients utilize this important provision of the tax code.  There are a couple of ways to accomplish a Section 1031 exchange:

Are You Exposed to Premises Liability for Third-Party Acts?

The following article “Are Your Clients Exposed to Premises Liability for Third-Party Criminal Acts? A Top-10 List to Reduce Risks” by Norman W. Gutmacher appeared in Probate & Property Magazine and is a must-read for property owners, managers and landlords. It highlights an important issue for anyone who owns, manages or leases out real estate – the potential liability for attacks on customers or occupants while on or near the premises.

Can You Sue (Or Be Sued By) Someone You Didn’t Have a Direct Contract With?

When a business transaction goes bad, can the person who has suffered a loss sue other persons involved in the transaction even though the injured person had no contractual relationship with those other persons? A recent case by the Louisiana First Circuit Court of Appeal, Dufrene vs. Murphy Appraisal Services, LLC, demonstrates that the answer is yes, but there are important limits on this ability.