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.
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 Of importance, the bill repealed and/or limited many deductions for individuals, such as implementing a $10,000 cap on deductions for state and local taxes, which includes property tax.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 will affect individuals at a personal level, there are also many changes, as well as preservations, which will affect the commercial real estate industry.
HISTORY LESSON: Back in days of yore (2/9/72 - 4/4/85) in Ohio, a form of property ownership known as Tenancy By the Entirety (TBE) was recognized. The TBE form of property ownership harkens back to times when women had much less control over their affairs and needed to be protected from their husband's debts. It is useful now to protect assets from creditors.