Retail real estate owners continually need to modify their projects to meet the evolving needs of retail tenants and customers. Among the most difficult challenges in reimagining or redeveloping retail projects are restrictions within existing REAs, CC&Rs and other recorded …
Category: Articles
Commissions in Home Sales: New Options for Buyers & Their Realtors
In early July, the National Association of Realtors agreed to a settlement of a major class action lawsuit that changes some of the rules governing real estate commissions in residential sales. In Rhonda Burnett et al. v. The National Association …
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Key Legal Considerations in Retail Leasing at Mixed-Use Residential Properties
Mixed-use properties pose unique legal challenges as different types of tenants often have divergent legal interests. In mixed-use properties with retail and residential uses, landlords must ensure their leases provide retail tenants sufficient operational flexibility without sacrificing the residential tenants’ …
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Navigating Evolving Parking Issues in Shopping Centers
Parking has long been a critical aspect of the shopping center experience, influencing consumer behavior, tenant satisfaction, and overall profitability. Parking allocation can be a contentious issue among tenants within shopping centers, particularly when space is limited or unevenly distributed. …
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Sheetz v. El Dorado County: A Victory Against Overbearing Impact Fees
On April 12, 2024, the U.S. Supreme Court handed down a landmark 9-0 decision in Sheetz v. County of El Dorado. The justices unanimously ruled that certain development impact fees may violate the Fifth Amendment’s prohibition on unconstitutional takings of …
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Understanding FinCEN’s New Corporate Disclosure Requirements for 2024
Author’s Note: On March 1, 2024, a federal district court in Alabama ruled the Corporate Transparency Act is unconstitutional. However, it is a limited ruling, and companies and persons that are not plaintiffs to that case or were members of …
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US Supreme Court Decision May Reshape the Future of Development Impact Fees
Real estate developers across the United States are accustomed to paying fees to municipalities to offset the impacts of a development on the surrounding communities. Developers often take issue with the high cost of these development impact fees. In fact, …
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New California Real Estate Laws: What to Expect in 2024
The following is a brief overview of new California laws enacted in 2023 and taking effect in 2024 that impact the real estate industry. As it has in recent years, the California Legislature again focused its efforts in facilitating the …
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Legal Considerations for ADU Sellers Under California’s New AB 1033 Law
In October 2023, California passed AB 1033, a measure that allows municipalities to permit Californians to subdivide and sell accessory dwelling units (“ADUs”) on residential lots. The purpose of the law is to increase the amount of available housing and …
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Green Lease Provisions Can Benefit Both Landlords and Tenants
As more companies boost their sustainability initiatives, both landlords and tenants are increasingly looking to advance their environmental goals through special lease provisions. “Green” provisions mandating environmentally friendly practices can benefit both landlords and tenants economically – and seem poised …
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