Commercial Real Estate Market Update First Quarter 2019

The increased transition to work-from-home has led to renewed renegotiations of office leases. Companies large and small face concerns as to obligations under their commercial leases. There are several potential solutions for both landlords and tenants. Some businesses may consider whether office sharing or hoteling is the solution to reducing their footprint in office space. Still, co-tenants have to consider an agreement that addresses the ownership of assets and repairs of the leased property. The parties must determine whether a proper contractual resolution is possible. Tenants positioned for a true resurgence may want to look at abatements or deferrals. Tenants subject to a true contraction may consider subleasing or assigning portions of the space or term of the lease to a new tenant. Outside of contract, there are common law solutions if either party identifies grounds to pursue (or defend) a claim regarding the doctrines of impossibility, impracticality of purpose, or frustration of purpose. Finally, the stakeholders must consider the context of the overarching situation when attempting negotiations. What is the current occupancy level of an office development and how will that impact negotiations? What is the financial condition of the tenant? Is bankruptcy more or less a certainty such that a deferral is simply moving a few months down the calendar? Tenants negotiating new leases should consider language that will address rent relief if and when there is another pandemic or other health emergency that results in closures or reduced business hours or restricted occupancies. Listen as our expert panel discusses the possibilities to negotiate and resolve lease issues landlords and tenants face in light of the current economic trends and addresses the contractual, common law, and contextual issues that come into play when trying to meet each parties' needs.

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If you poll a group of real estate investors on what they need right now in their business, 9 out of 10 of these investors would say “money” to do more deals! One of the best unlimited funding sources is utilizing retirement accounts. A recent statistic states that there are two TRILLION dollars held in retirement accounts; however, only 2% of these accounts are invested in real estate! In this free webinar, Matt Faircloth (Author of BP’s book on Raising Private Capital) is going to teach you how to tap one of the best unlimited funding sources for your real estate deals!

This topic will explain how to preempt various issues during the negotiation and drafting phases, with an eye toward securing an optimal contract for one's client. It will also address the types of issues that surface as the transaction unfolds, whether during the due diligence phase or even at settlement, offering practical solutions and practice tips. Finally, it will cover litigation topics and cost-benefit strategies to assist you with delivering the most value-added legal services to your clients.