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 265

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


(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


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


Ninth Circuit joins Eleventh, holds there is federal common law of receivership
  • Reed Smith LLP
  • USA
  • October 15 2009

The U.S. Court of Appeals for the Ninth Circuit has held that there is a federal common law of receivership in the context of real property security interest, joining the Eleventh Circuit


Ohio Supreme Court issues second key decision interpreting Dormant Mineral Act
  • Reed Smith LLP
  • USA
  • November 5 2015

On November 5, 2015, in Chesapeake Exploration, L.L.C., et al. v. Kenneth Buell, et al., 2015-Ohio-4551, the Ohio Supreme Court issued its second


Renewal lease changing terms
  • Reed Smith LLP
  • United Kingdom
  • December 17 2012

Most landlords are reasonably familiar with the rules set out in O’May v City of London Real Property Co Limited


Court of Appeal stresses the importance of establishing the terms of an offer
  • Reed Smith LLP
  • United Kingdom
  • January 6 2011

Crest Nicholson (Londinium) Limited v Akaria Investments Limited 2010 EWCA Civ 1331 was an appeal from a decision of the High Court relating to a profit sharing provision in a development agreement


Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action
  • Reed Smith LLP
  • USA
  • December 19 2011

An individual debtor appealed the Bankruptcy Court’s orders lifting the automatic stay to permit two creditors to proceed with foreclosure proceedings on real property


Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements
  • Reed Smith LLP
  • USA
  • June 15 2011

A real estate lender agreed to finance three existing projects by lending money to three separate Single-Asset Bankruptcy Remote Entities (SABREs), owned by certain real estate investments trusts, and to finance $160 million in future ventures of the trusts, with further SABREs to be created as each deal came to fruition


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