The Importance of Due Diligence in Real Estate Transactions

In Real Estate by Coolidge Wall

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 …

Waiver of Subrogation – How it Helps Mitigate Risk in Commercial Leases

In Real Estate by Coolidge Wall

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 …

Real Estate and the Tax Bill

In Tax by Coolidge Wall

On December 22, 2017, President Donald Trump signed into legislation the Tax Cuts and Jobs Act. Of importance, the bill repealed and/or limited many deductions for individuals, such as implementing a $10,000 cap on deductions for state and local taxes, which includes property tax. This cap, however, does not apply to state and local taxes paid while carrying on a real estate trade or business. The change has led to a spell of homeowners hurrying to prepay their property taxes in order to take the deduction when filing their taxes in April of 2018. Outside of the many changes which …