real estate law catalog

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Real Estate Law CatalogFrom leasing to land use, financing to federal taxation, find the answers you need.

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law Journal Press | Real estate law

Contents:Commercial leasing law & strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

environmental Regulation of Real Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Federal Taxation of Real estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Green Buildings: law, Contract and Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Green Buildings law: What You need To know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Ground leases and land Acquisition Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

hotel law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

insuring Real Property Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

negotiating and drafting Office leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

new Jersey Real estate Brokerage law 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

new York Real estate law Reporter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Real estate Financing with Forms on disk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

ReiTs: Mergers and Acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

shopping Center and store leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Real estate law ResourcesWritten by leading attorneys, law Journal Press titles

cover all aspects of the field – residential and commercial

leasing, financing, environmental regulation, insurance,

taxation, and more.

Authoritative yet concise and practitioner-oriented, these

editions are designed to help you draft key documents,

represent clients effectively in negotiations or litigation,

handle any challenge, and grow your practice.

Access Law Journal Press editions online as well as in print for enhanced content, convenience and speed.

Call 877-807-8076 or visit lawcatalog.com to place an order or inquire about discounted site licenses.

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With its practical, must-have information on the business and legal aspects of commercial leasing, every monthly issue of Commercial Leasing Law & Strategy® keeps you informed about topics such as: business expansion; the consequences of tenant inducements; big money retailing; understanding tenant obligations; and much more.

This newsletter will save you precious time while ensuring that you stay current on the latest strategies and techniques in commercial leasing.

it’s all presented in a concise, easy-to-read format, written by a network of experts who know the issues—and have the answers!

P

JS

Bull in®

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LJN Commercial LeasingL A W & S T R A T E G Y

Get online access and 12 print issues to Commercial Leasing Law & Strategy®.

Introductory rates are available for new subscribers. Call 1-877-256-2472 for more information.

Environmental Regulation of Real Property enables you to anticipate and solve a wide range of environmental law problems. it not only offers in-depth analysis of federal environmental statutes having a bearing on land use, but also looks closely at rules imposed by state and local governments. The book covers the entire field of environmental law—from protecting air and water quality to preserving wildlife habitats and landmarks—including constitutional law, real estate law, litigation and corporate transactions.

You’ll find detailed coverage of such topics as: when environmental regulation amounts to a constitutional taking; the use of environmental impact statements; hazardous waste control; state and local control of real estate development; protection of water courses, aquifers and drinking water; preservation of agricultural land and historic sites; the relationship between real property taxes and environmental land use controls; and conducting due diligence reviews and environmental audits.

Environmental Regulation of Real Property

Commercial Leasing Law & Strategy

By nicholas A. Robinson and kevin Anthony Reilly

By stephanie Mcevily

Book #00575; looseleaf, two volumes, 1,662 pages; published in 1982, updated as needed;

no additional charge for updates during your subscription. Looseleaf print subscribers receive

supplements. The online edition is updated automatically. ISBN: 978-1-58852-016-6.

To find out more about these corporate titles or to order, visit lawcatalog.com/realestate or call 877-807-8076.

Law Journal Press | Real Estate Law

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Federal Taxation of Real Estate offers practical guidance to help you uncover potential problems, apply appropriate remedies, and structure a transaction for maximum tax benefits. it examines fundamental and advanced aspects of deferring taxes and converting ordinary income to capital gain on real estate held for profit. it also looks closely at the tax treatment of real estate held for personal residential purposes.

Topics include: limited liability companies; the passive activity rules; grants of mortgages to unsecured creditors; depreciation and its recapture; like-kind exchanges; wrap-around mortgages; involuntary conversions; sale-leasebacks; tax treatment of loan costs; amortizing start-up costs; capital gain and loss; use of a home for business or rental; deductibility of state and local taxes on a principal residence; and exclusion of gain on the sale or exchange of a principal residence.

Federal Taxation of Real Estate

By Allan J. samansky and James Charles smith

Book #00590; looseleaf, one volume, 704 pages; published in 1985, updated as needed.

ISBN: 978-1-58852-029-6.

local and state governments are increasingly adopting mandates requiring green construction. lenders commonly insert green requirements into mortgages. national tenants require green in their leases. Whether you represent buyers, lenders, owners, tenants, construction companies, or design and engineering firms, green is no longer optional.

Green Buildings: Law, Contract and Regulation is a detailed practitioner’s guide to everything from green terminology — the “language of green” — to complex issues of real property law, liability and due process. it discusses government mandates, green requirements and incentives, and clauses in all the standard types of

agreements affecting real estate — purchase, sale, lease, mortgage financing, design, construction, and insurance. it also examines statutory language in detail.

Throughout, Green Buildings: Law, Contract and Regulation features realistic examples and practical solutions. Four appendices provide summaries of government mandates and incentives, green building codes, zoning laws, tax credits and similar incentives from state and local governments from coast to coast. This is the ultimate guide for attorneys trying to stay in the vanguard of the green revolution.

Green Buildings: Law, Contract and Regulation

By Peter s. Britell

Book #00707; looseleaf, one volume, 708 pages; published in 2010, updated as needed; no additional

charge for updates during your subscription. Looseleaf print subscribers receive supplements. The

online edition is updated automatically. ISBN: 978-1-58852-169-9.

Online Edition Forthcoming!



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Ground leasing can be just as profitable to a developer as purchasing land—sometimes more so. landowners may also sometimes do better by leasing than by selling. Ground Leases and Land Acquisition Contracts teaches you what you need to know about this win-win relationship.

Ground Leases and Land Acquisition Contracts analyzes ground lease clauses in depth. You’ll learn how to choose between a subordinated lease, an unsubordinated lease, and a land acquisition contract. You’ll also learn how to negotiate lease and contract provisions that suit your needs, how to deal with the underlying business problems raised by all parties, and how to structure and draft these vital agreements from scratch. Annotated sample forms explain the origins of, and the reasoning behind, each provision.

The book also includes: essential coverage of the hidden risks of restrictive use clauses; rent increase provisions; clauses preventing assignability; and other language that can materially impair a project’s market value and even result in disastrous losses. All too often, developers, lenders and investors learn the hard way that overlooking a single, seemingly innocuous clause can end up wasting massive amounts of money in construction costs, development expenses, principal and interest.

Ground leases come in many sizes and varieties, and it’s easy to confuse them. learn how to determine the kind of ground lease you need and find out what you need to know to prevent a defective ground lease from destroying the value of your investment or collateral. Whether you are making a strategic investment or lending decision or negotiating and drafting a ground lease, this comprehensive resource provides the crucial guidance you need.

Ground Leases and Land Acquisition Contracts

By emanuel B. halper

Book #00608; looseleaf, one volume, approximately 650 pages; published in 1988, updated as

needed. ISBN: 978-1-58852-047-0. Your purchase price includes the cost of all previous updates.

Green Buildings Law: What You Need To Know

By Peter s. Britell

For lawyers who think the green movement is a passing fashion or that green law means just a leed Gold rating for their client’s new building, this webinar is a wake up call.

Find out why the green revolution has an impact on all types of real estate agreements and buildings — existing structures as well as new projects. What should you ask when your clients call with a new lease, mortgage, investment, insurance policy, alteration, or development project? What should you answer when they ask whether your city can really require them to retrofit their old buildings?

Whether you are a true believer or a skeptic, this webinar covers the topics in green law that you must know about to counsel clients effectively. These include:

• Green ratings

• Green mandates and incentives, including zoning, income tax and real property tax incentives

• Green contractual requirements

• Green due diligence

• Green litigation

This program provides up to 1.5 hours of participatory CLE credit. Approved in CA, CO, GA, IL, MS, NC, NJ,

NV, NY, OR, PA, TN, TX and VA. Self-study credit is also available for AK, AZ, ME, MO and ND.

On Demand Webinar




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For real property businesses, maintaining first and third party insurance in proper order can be a matter of economic life or death. Insuring Real Property Businesses is the first book to focus exclusively on the insurance issues facing the real estate industry, from the most basic to the most advanced.

This in-depth look at policy terms, legal issues and risks includes coverage of: “terms of art” commonly used in the field; insurance contract interpretation and construction; first party property and business interruption insurance; third party comprehensive general liability insurance(CGl); CGl coverage exclusions, including the

“pollution exclusion’; directors and officers liability insurance; professional liability insurance; surety bonds; accessing other persons’ insurance policies; and loss control services.

Insuring Real Property Businesses discusses uniform principles as well as unique aspects of particular categories, lines and types of insurance, including the varieties of first party insurance of greatest concern to real estate-related businesses—property insurance and builders’ risk insurance. This is an essential legal guide for owners, developers, contractors, lenders, engineers, architects and other real estate professionals.

Insuring Real Property Businesses

By Robert e. Frankel and John n. ellison

#00689; looseleaf, one volume, 608 pages; published in 2007, updated as needed; no additional charge

for updates during your subscription. Looseleaf print subscribers receive supplements. The online

edition is updated automatically. ISBN: 978-1-58852-145-3.

Book #00711; looseleaf, one volume, 428 pages; published in 2011; updated as needed; no

additional charge for updates during your subscription. Looseleaf print subscribers receive


hotels are different from other types commercial real estate. They depend not on long-term leases but on highly transient tenants, and they are active businesses which rely on travel and tourism. Representing and advising hotels requires mastery of unique issues and legal concerns.

Hotel Law provides comprehensive guidance for practitioners representing buyers, sellers, borrowers, lenders, franchisees, franchisors, and others in the hotel industry. What protections should a savvy hotel lender seek? What are the key considerations when negotiating a hotel management agreement? What requirements must be met for a hotel

to qualify as a franchise under the FTC rule? This practical and insightful book answers these questions and many more. it covers hotel acquisitions and dispositions, hotel financing, management agreements, franchise agreements, troubled hotel projects, and hotel liability.

Going beyond bricks and mortar, Hotel Law addresses all aspects of these complex, going concerns, not just the issues related to real property, furnishings and fixtures. Whether you counsel hotels on an ongoing basis or you are handling just one hotel-related transaction, this book will prepare you for the legal and practical issues that are bound to arise.

Hotel Law

By ellen s. smith and victor P. haley



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New Jersey Real Estate Brokerage Law covers all of the essential areas that attorneys and real estate licensees must understand in order to navigate the explosive minefield of real estate brokerage law. The book covers everything they need to know concerning procedural issues, such as licensing and education requirements, regulations for maintaining offices, and the relationship between brokers and salespersons. it also lays out in a comprehensive fashion all of the disclosures that real estate licensees are required to make, the requirements of the Real estate Commission concerning contracts of sale and leases that real estate licensees prepare, and the advertising rules that govern real estate licensees. Two separate chapters deal with the activities a real estate licensee is prohibited

from engaging in, and the discipline that can face a real estate licensee for violating the Real estate license Act or any of the Real estate Commission’s regulations that implement the Act. The book also covers the limitations on a real estate licensee’s activities so that they will not constitute the unauthorized practice of law, including the attorney-review clause. Other topics covered include trade associations, multiple listing services, arbitration and the Code of ethics governing nJAR® members. Although this book primarily focuses on new Jersey law, there are several Federal laws that real estate licensees must follow. Therefore, separate chapters deal with the Real estate settlement Procedures Act, the Fair housing Act and lead-based paint disclosure requirements.

New Jersey Real Estate Brokerage Law 2013By Barry s. Goodman

Published in cooperation with the New Jersey Association of realtors; 500 pages.

ISBN: 978-1-57625-533-9.

Avoid commercial leasing traps that can prove harmful or even fatal to a business! Take the advice of these experienced professionals on how to examine a complex modern leasing document and how to identify the “red flags.”

Negotiating and Drafting Office Leases offers a practical roadmap through the entire negotiation process. it reviews the clauses of a typical complex modern lease in detail, with explanation and commentary, examining the legal, economic and financial accounting ramifications. Topics include: negotiating strategies and styles; pitfalls created by other agreements entered into by the parties to a lease; repairs and maintenance; assignments and subleases; environmental compliance and due diligence; electricity and utilities costs and

issues; the “Porter’s Wage” escalation provision; tenant monitoring of landlord’s escalation calculations; guarantors and security deposits; proving the existence of a lease when the original document is lost; quiet enjoyment; expansion space; bankruptcy; work letters; restrictive clauses; renewals and options; financing development through participation leases; synthetic leases; brokerage; lease audits; analysis of killer lease; and many others. This invaluable primer, complete with glossary, comes with 150 forms on Cd-ROM, including: landlord/tenant checklists of typical and atypical lease provisions; a sample tenant’s proposal letter; work letter materials; a sample asbestos removal clause; good guy clauses; and other samples that will help beginners and experts alike involved in commercial real estate transactions.

Negotiating and Drafting Office Leases

By John Busey Wood and Alan M. di sciullo

Book #00624; looseleaf, two volumes, 2,406 pages and one CD-ROM; published in 1995, updated as

needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive




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Real Estate Financing features a Cd-ROM containing over 40 deal-specific forms and checklists, covering everything from complex loan workouts to simple residential closings. The forms on Cd-ROM include information about each term and how it can be modified, with separate variations for lenders, borrowers or other parties. A “data input sheet” lets you use the forms with widely available software and can serve as a “term sheet” for the transaction. The accompanying volume provides explanations of the issues along with the guidance you need to draft working documents quickly.

Real estate Financing includes: checklists for loan modifications; wraparound mortgage loans; subordinations; loans secured by condos, co-ops and time shares; sale-leasebacks; contingent interests; securitizations; deeds in lieu and consensual foreclosures; participations; installment sales; sales of mortgage loans; and much more. The checklists highlight “deal” terms, flag risks and hot issues, and direct users, through cross-references, to alternative approaches and analysis. standards issued by ratings agencies for securitized loans are discussed in detail, as are the ePA and AsTM standards for Phase i environmental reports and the best Web sites for forms and drafting requirements.

New York Real Estate Law Reporter summarizes with editorial commentary significant real estate cases decided in the new York courts.

in addition, you’ll read incisive articles every month on subjects such as:• assessing the value of zoning resolutions

• creating easements by lease as well as deed

• issues arising from new York City’s Real Property Tax

• broker entitlement to commissions when they have not introduced purchaser to seller during the exclusivity period

• the minimum occupancy needed to support adverse possession claims

• environmental issues

Real Estate Financing with Forms on Disk

New York Real Estate Law Reporter

By Brook Boyd

By stewart e. sterk

Book #00639; looseleaf, one volume, 1,550 pages and one CD-ROM; published in 1997, updated as

needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive


Get online access and 12 print issues to New York Real Estate Law Reporter.

Introductory rates are available for new subscribers. Call 1-877-256-2472 for more information.

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NEW YORK REAL ES ATE LAW RE ORTER

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This authoritative work, crammed with suggestions to help smooth the way during landlord-tenant negotiations, offers you a virtual encyclopedia of lease clauses! You’ll learn the “magic words” for negotiating leases for your clients whether you represent landlords, tenants or lenders—even if you’re not working with your own lease.

Shopping Center and Store Leases catalogs the customs of trade. it explains the underlying business realities faced by all parties through an extensive analysis of merchandising, retailing, financing, construction, insurance, bankruptcy, antitrust and condemnation. You’ll learn how the shopping center business works and how practical business considerations influence lease negotiations.

You’ll get the answers to such questions as: how can a landlord draft a use clause that really restricts the tenant’s use? how can a tenant draft a valid exclusivity clause that limits competition from other merchants? should a tenant agree to a subordination clause? how should construction delays affect rent payments? how can a landlord negotiate a greater percentage of rent from a “profit center” tenant who requires a specially carved area? What are the advantages of a tenant-build supermarket lease?

This valuable book contains detailed information on supermarket and fast-food restaurants and includes an annotated sample lease form. it also provides expert guidance and insights on negotiating use and exclusive clauses, covering 26 distinct categories of tenants.

Shopping Center and Store LeasesBy emanuel B. halper

Book #00548; looseleaf, two volumes, 2,236 pages; published in 1979, updated as needed.

ISBN: 978-1-58852-003-6. Your purchase price includes the cost of all previous updates.


since the early 1990s, the market capitalization of ReiTs has increased from about $10 billion to over $330 billion, and M&A transactions involving ReiTs and uPReiTs have changed the corporate and real estate landscape. ReiTs: Mergers and Acquisitions is a new and important guide to this growing area of law.

Covering both fundamental and advanced issues, the authors discuss: structural considerations, directors’ duties, documenting the deal, financing, tax considerations, friendly and hostile transactions, defensive techniques and the processes for selling or

taking ReiTs private. REITs: Mergers and Acquisitions provides essential discussion of how the customs of corporate and real estate transactions differ and how conflicts involving letters of intent, due diligence, exclusivity periods and contingencies to the deal can be resolved.

At a time of dynamic deal activity in the ReiT industry, corporate and real estate lawyers, ReiT CeOs and CFOs, investment bankers, analysts, accountants and other professionals will all benefit from the strategic guidance this new book offers.

REITs: Mergers and AcquisitionsBy david M. einhorn, Adam O. emmerich, Robin Panovka

Book #00685; looseleaf, one volume, 808 pages; published in 2006, updated as needed; no

additional charge for updates during your subscription. Looseleaf print subscribers receive


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