We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 248

(US) Commercial real estate brokerage agreements: imprecise commisson language can cost you
  • Reed Smith LLP
  • USA
  • July 24 2015

It would be unfair (and likely bad faith) for a property owner to terminate a brokerage agreement prior to entering into a sales agreement or lease


Financing contingencies and earnest money deposits: if I can't get my loan, I get my deposit back, right?
  • Reed Smith LLP
  • USA
  • February 22 2012

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


California's Second Appellate District again invalidates the SBE's regulations
  • Reed Smith LLP
  • USA
  • February 8 2012

Last week, the California Court of Appeal (Second Appellate District) in Western States Petroleum Association v. State Board of Equalization ("Western States") invalidated a property tax regulation adopted by the State Board of Equalization ("SBE"


Bona fide purchasers protected from trustee action
  • Reed Smith LLP
  • USA
  • April 27 2009

The U.S. Court of Appeals for the Ninth Circuit has held that a bankruptcy trustee could not avoid an unauthorized sale of real estate to a bona fide purchaser although the proceeds of the sale did belong to the estate


(UK) residential service charges update
  • Reed Smith LLP
  • United Kingdom
  • June 23 2015

As increasing numbers of investors now include residential and mixed use properties in their portfolios there are bound to be issues dealing with the


Supreme Court upholds ‘disparate impact’ under the FHA but emphasizes that claims cannot rely on statistics alone
  • Reed Smith LLP
  • USA
  • June 29 2015

In a much-anticipated decision, the U.S. Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project


The rule of lenity: should courts defer to agency interpretations of RESPA 8?
  • Reed Smith LLP
  • USA
  • January 8 2015

On November 10, 2014, the U.S. Supreme Court denied a petition for a writ of certiorari in a case entitled Douglas F. Whitman v. United States


Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale
  • Reed Smith LLP
  • USA
  • June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after


Pennsylvania Superior Court confirms “or” means “or”
  • Reed Smith LLP
  • USA
  • February 10 2015

On February 4, 2015, less than one month after hearing oral argument on the matter, the Pennsylvania Superior Court affirmed the April 2014 decision


Texas Supreme Court rejects state’s use of unclaimed property law to usurp private right to contract
  • Reed Smith LLP
  • USA
  • September 5 2014

In a 5-to-4 decision, the Texas Supreme Court rebuffed the Texas attorney general's attempt to undo a cy pres award using the state's Unclaimed