Business Transactions

You developed the next big app. You created the next trendy social media site.  You may have formed an entity and developed a big business plan.  Now how do you get the information and funding needed to grow this potential million-dollar project? This article series will explain, in layman’s terms, some of the things that...

A Due-On-Sale Clause can be found in most contemporary mortgage instruments and, as the name suggests, states that the mortgage debt will become due upon sale of the property.  From a lender’s perspective the logic is fairly straightforward – security for the loan is put at risk when the collateral property is owned by a...

This article will serve as an explanation of some of the basics around the formation and structure of a corporation.  I am using examples for a typical corporation, but many of the concepts can apply to LLCs and the issuance of units to represent membership interests instead of stock. I)  Capitalization People need to have...

An easement is, simply put, a right to enter or otherwise use someone else’s land for a specified purpose.  Stated another way, but with slightly more pretention for effect; an easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.  As you might imagine, merely labeling something...

Businesses can be categorized by law in several manners. And these classifications matter when it comes to determining how a business is recognized, how it’s taxed, and the personal liability, or lack thereof, of the business owners. Knowing how their business is set up and how it is categorized under the law is crucial for...

As with most legal concepts, the question of real estate ownership is not simply a yes or no proposition – like cakes and onions, the answer has layers.  Specifically, the various rights accompanying real property ownership can vary in kind, degree, and duration, and include – but are most certainly not limited to – the...

This article goes over the basic information about what a PPM is, when and why you may need one.  This information is being provided as a general overview and a basic education of the common terms and federal securities laws involved with a PPM.  Each state has its own securities laws and the discussion in...

Hotel investors typically have two paths to take ownership of a hotel asset: Build or Buy. In my experience as a hospitality and transactional attorney, I have learned that those that build (via ground-up new construction or re-development of an existing asset) generally prefer to build a hotel asset over buying an existing asset for...