CRE Insider Blog
Welcome to the Commercial Real Estate Insider, insights from First American's real estate experts.

Lease Surrender’s Liquidated Damages Provision Held Unenforceable

By Mike Berey on February 3, 2021

A lease between the Plaintiff, as landlord, and the Defendant, as tenant, was terminated. Under the Settlement Agreement the Defendant paid the Plaintiff $261,751.73. The Agreement also required the Defendant to make monthly “Surrender Payments” and further provided that if the Defendant defaulted under the Agreement “the aggregate amount of all...

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Topics: liquidation landlord

New York Amends Laws Governing Powers Of Attorney

By Mike Berey on January 13, 2021

On December 15, 2020, New York State amended Title 15 (“Statutory short form and other powers of attorney for financial and estate planning”) of Article 5 of New York State’s General Obligations Law. Chapter  323  of the Laws of 2020 is effective on “the 180th day after it shall have become a law, provided, that any statutory short form power of...

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Topics: power of attorney

Right Of First Refusal Not Triggered By A Stock Sale

By Mike Berey on December 8, 2020

A lease to a part of certain property granted the tenant an “option to buy”. Notwithstanding this provision, and a “first option to buy” granted by the lease to a person not a party to this action, the fee owner - lessor’s sole shareholder sold her shares to one of the Defendants. 

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Topics: stock sale right of first refusal

Tips To Maintaining A Healthy Work-life Balance While Working Remote

By Alex Weber on August 19, 2020

Maintaining a healthy work-life balance allows employees to balance between work and personal responsibilities. Creating a healthy balance will increase your productivity. A study by Lowe (2005) found that one out of four employees experiences high levels of conflict between work and family. When looking at all the job factors that may influence...

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Topics: working from home remote work

What Can We Expect In The Industrial Market?

By Stacie Jacobs on July 21, 2020

Supply chain disruption, e-commerce demand and inventory controls will all be leading drivers in stabilization of the industrial market. While there is a short-term stall in development, each of these factors will lead to long-term gains. Let’s take a look at these three determining factors.

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Topics: industrial real estate

Prohibition On Short Term Rentals Upheld

By Mike Berey on June 30, 2020

 In 2012, the Plaintiff, the Petitioner on appeal, purchased a single-family residence in the Town of Grand Island, in Erie County, for the purpose of renting it out for periods of less than thirty days. In 2015, the Town enacted Local Law 9 prohibiting in certain zoning districts, short-term rentals unless the owner resided on the property....

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