As the pandemic stretches into 2021, so does the hot seller’s market fueled by limited inventory and historically low interest rates. However, as economic and employment uncertainty complicate bidding ...

Real estate investor Matt Theriault reveals how to use a lease option to sidestep the due-on-sale clause legally.

The habendum clause defines rights and terms in property transfer contracts, crucial in real estate and oil leases. Discover ...

Indemnity clauses are included in contracts to provide a means by which the contracting parties can shift the responsibility of risk. “Indemnity clauses can expand, limit or even eliminate the ...

In a competitive housing market, bidding wars are common, and buyers need every advantage they can get. One tactic that’s become increasingly popular? The escalation clause. This stipulation ...

An important, but often overlooked, provision of commercial leases is the prohibited use clause. Among other things, prohibited use clauses outline what can and can't be sold and how business can or ...

Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can ...

Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a ...

Formula clauses have been used in estate planning almost as long as there’s been an estate tax. Practitioners have historically used formulas to determine how to allocate between the marital and ...