One of the most important procedures that takes place prior to the closing in any real estate transaction is the due diligence process. The due diligence process typically takes place once the purchase agreement is signed by the parties, but the due diligence process may also begin prior to the execution of the purchase agreement depending on the transaction. While there are many different types of due diligence that can occur, this post will cover three specific areas: (i) title review; (ii) environmental review; and (iii) physical inspections. Title Review: As is vital in all real estate transactions, a thorough …

Oftentimes, a commercial lease (as well as other real estate contracts) will contain a “Waiver of Subrogation,” but few landlords, tenants and other parties realize the importance of such provision and how a waiver of subrogation can help manage and allocate potential risk. Subrogation is “[t]he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy.”[1] In other words, if one party suffers a loss, and such loss is covered by …