A veteran real estate lawyer explains a commercial real estate deal, offering practical suggestions on how to handle each stage of the process and avoid the pitfalls that can kill it. The author explains the lawyer's role in documenting, reviewing, and negotiating the real estate transaction, from the beginning through post-closing issues, and includes valuable sample language, real-world examples, and tips and techniques for how reach the heartfelt handshake that closes the deal.
This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.
Commercial Trusts examines, in an applied way, the Australian commercial trust as a dynamic and modern enterprise entity operating, in effect, as a surrogate company. The focus is on the legal and insolvency risk position of the three main classes of participant, that is, unit holders, corporate trustees and creditors and other 'outsiders'. The appendices contain state-of-the-art due diligence checklists, with explanations for every step, and sample protective clauses for inclusion in commercial trust instruments and third party contracts (including financing arrangements), in all cases drawn on best practice models in current use in the Australian market, enhanced to address the issues dealt with in the substantive content. This book is indispensable for any lawyer advising those involved in or dealing with commercial trusts. Please note the book does not deal with the taxation treatment of commercial trusts.
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
This book provides information on trust and risk to businesses that are developing electronic commerce systems and helps consumers understand the risks in using the Internet for purchases and show them how to protect themselves.
Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids
The growing interest in investment in Latin America - particularly in commodities production and real estate development - has increased the use of trusts as investment vehicles throughout Latin America. Written for the English-speaking practitioner, the book covers Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Paraguay, Perú, Uruguay and Venezuela and provides a practical, clear, and thorough explanation of trusts as legal vehicles for investment in Latin American countries. Trusts in Latin America provides a comprehensive, comparative review of statutes, case law, and examples of trusts in Latin America, and also highlights differences between these countries and common-law systems.
This clear and accessible book covers all aspects of commercial leases, from receipt of instructions to termination. Fully up-to-date with all recent cases relating to the lease-licence distinction, Land Registry requirements, the recent changes to the Landlord and Tenant Act 1954 Pt II and the new regulations for the execution of deeds, its detailed explanation of the underlying principles of this complex area of the law - and their practical application - makes it a valuable text for all students taking undergraduate commercial property options, as well as those taking the LPC and the BVC.
