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Seller Beware: Adverse Possession and Statutory Warranty Deeds

The Washington Court of Appeals recently issued its opinion in Rowe vs. Klein, which teaches that sellers of property in Washington should exercise caution before agreeing to give a deed with warranties of title, such as a statutory warranty deed. Adverse Possession Results in Quiet Title Lawsuit, and Statutory Warranty Deed Results in Warranty Lawsuit against Seller. In Rowe vs. … Continue reading »

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When a Retail Tenant Goes Dark – Part Two

This post follows up on a prior article addressing the myriad issues that can occur when a retail tenant abandons the premises before the expiration of the lease term: When A Retail Tenant Goes Dark – Part One. This is a growing concern for shopping mall owners and their property managers who are seeing brick and mortar tenants default at a higher … Continue reading »

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Unique Challenges Faced When “Crafting” a Commercial Lease for a Brewery

As craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First of all, it is critical that the lease agreement contain contingencies for receipt by the brewery of the necessary licenses, … Continue reading »

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Lenders May Foreclose a Deed of Trust Without Accelerating the Underlying Debt

Debt Acceleration Generally Commercial and residential loan documents typically give the lender the option of accelerating the debt following an event of default.  In other words, if the borrower fails to pay, or if some other event of default occurs, and that default continues uncured for a specified amount of time, then the lender may declare the entire loan balance … Continue reading »

Understanding a Landlord’s Ability to Increase the Tenant’s Share of Operating Expenses

In a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance expenses or CAM), which share is commonly determined by comparing the rentable square footage of the tenant’s leased space to … Continue reading »

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