On January 1, 2015, the final Basel III rules regarding regulatory capital for banks with greater than $500 million in assets and all savings and loan holding companies took effect. Basel III imposes new rules for high volatility commercial real estate (HVCRE) which the regulations define as a credit facility that finances the acquisition, development … Continue Reading
When multiple people inherit an interest in real property, each is responsible for their share of the ad valorem taxes of the property. What happens if one party fails to meet its tax obligations? What recourse is available to a party that pays more than its share of the tax obligations? In Texas, a co-owner … Continue Reading
The EB-5 Visa Program has become an increasingly popular vehicle for real estate project financing in the United States. Last year, for the first time in the Program’s history, the annual supply of EB-5 immigrant investor visas, which is capped at 10,000, was fully depleted. More than 11,000 foreign citizens applied for EB-5 Visas in … Continue Reading
In many cases nonprofit organizations do not have large endowments or reserves in place from which they draw upon to readily accomplish and sustain a real estate acquisition. In today’s market, buyers are typically expected to contribute between 10-20% cash equity upfront as well as meet reoccurring payments of debt service, operating expenses and real … Continue Reading
Selecting a title company for a transaction is influenced by a number of factors, including the level of customer service, responsiveness and sophistication (particularly when dealing with complex commercial transactions). Knowledgeable and responsive escrow officers and underwriters can facilitate closings tremendously. However, underwriting guidelines may adversely affect an underwriter’s ability to deliver an acceptable title … Continue Reading
this is a follow-up to an earlier blog post on this issue from March, 2014 On Thursday, August 14, 2014, the Supreme Court of Pennsylvania advised that it would consider the appeal from the Superior Court determination dated March 14, 2014 in the matter of Sheddon v. Anadarko E&P Co. LP. We will continue to update this … Continue Reading
This post was written by Dusty Elias Kirk and Peter Schnore Pennsylvania real property tax appeal “season” is upon us once again. It’s important that a property owner not take an assessment at face value. For 66 of Pennsylvania’s 67 counties, the 2015 real property tax appeal deadlines fall between August 1 and the first Monday of … Continue Reading
This post was also written by Joshua Leventhal In an effort to expedite the litigation process, reduce court costs and to offer contracting parties an alternative to arbitration, the New York State Supreme Court Commercial Division has adopted an “accelerated adjudication” rule, effective as of June 2, 2014, for all disputes exceeding $500,000. The “accelerated adjudication” … Continue Reading
“Pop-Up” retail, the use of short-term sales space to house retailers in connection with a trendy seasonal or up-and-coming product has increased in popularity over the last several years. Target, Nike, Google and Microsoft are recent examples of retailers who have successfully opened pop-up shops. Recently, the concept of the pop-up shop has expanded beyond … Continue Reading
This post was written by Joe Marger and Leah Speckhard The Supreme Court’s refusal in February 2014 to hear the real estate driven Ninth Circuit case, Salameh v. Tarsadia, provided Condo-hotel owners and developers with relatively clear guidelines on how to avoid securities issues and/or litigation when selling Condominium units. The determination of what constitutes … Continue Reading
This post was also written by Peter Schnore. The Honorable R. Stanton Wettick, Jr., Senior Judge of the Allegheny County Court of Common Pleas, spoke at the monthly meeting of the Real Estate Section of the Allegheny County Bar Association held on April 10, 2014. It is not surprising that Judge Wettick’s topic was real … Continue Reading
A new year brings the inevitable macroeconomic predictions and conjecture about how those predictions will affect real estate and capital markets, in addition to real estate asset class and market forecasts. The CoStar Group summarized 14 predictions it likes for 2014, and other real estate firms, such as Colliers International and Jones Lang LaSalle, offered … Continue Reading
This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading
Real estate purchasers whose contract permits the return of the earnest money deposit if financing cannot be obtained must be extremely careful in how this contingency is worded in the purchase contract, or a purchaser may get an unwelcome surprise, and be forced to forfeit the earnest money when financing cannot be obtained. Typically, when … Continue Reading
