Under Internal Revenue Code (IRC) Section 1031, a taxpayer may be able to defer capital gains taxes on certain qualifying property if he or she finds a ‘like kind’ replacement. If you are selling investment property, income-producing real estate, or business property for a net gain, you qualify for a Section 1031 exchange. Here, our [...]
What is a Fractional Real Estate Investment? Fractional ownership is a method by which investors are able to join together to purchase shares in a real estate property. This type of investment/ownership structure is especially common for expensive real estate assets, including hotels and resorts, stadiums, apartment buildings, residential developments, vacation homes, and other commercial [...]
If you own commercial property and are facing possible foreclosure, there may be other options. You could consider recapitalization, refinance your debt, or restructure your debt. The following four tips can help you avoid commercial property foreclosure. Consider Recapitalization Generally, the original loan maturity date and interest rate stay the same in recapitalization. The loan [...]
Texas has laws about truthfully representing the facts about commercial real estate for sale. For example, sellers must supply any certificates of mold damage remediation gathered in the last five years, as well as written notice of storage tanks on the property and compliance with construction requirements. When sellers don’t truthfully represent the condition of [...]
While countless Texans have borrowed money from a lender to purchase real estate, many are unaware that Texas is a “deed of trust” state. A deed of trust is the legal device for affirming the delegated responsibilities of a property. Like a mortgage, a deed of trust is executed when someone gets a loan from [...]
After working to sell a property, commercial real estate agents expect to collect their commissions when the deal is closed. While most sellers have kept their side of the bargain and payed the agent, over the years some have gone to great lengths to delay paying commission. Some did not pay at all. Revision of [...]
Both lessor and lessee can be negatively impacted by a poor commercial lease situation. These situations may in one way or another necessitate the eviction of the lessee, and it’s important for members of both parties to be aware of the legal process that must be followed. Lockout Landlords have a statutory right to lockout [...]
Over the last couple of months, Hurricanes Harvey, Irma and Maria have dominated the news. Now wildfires are sweeping through Northern California, and have displaced to date more than 20,000 citizens. Damages from these events are estimated to total upwards of $65 billion. Secondary to the tragic loss of life that has occurred as a [...]
When signed the lease and moved into your office space, you probably had little concern that the building you office in might end up in commercial foreclosure. But it could. Foreclosure, whether commercial or residential, is the last course of action in the event a borrower defaults on a mortgage. Do you know your rights [...]
If you’ve traveled anywhere in the state of Texas, you’ve probably noticed that real estate zoning is handled on a city by city basis. One trip to Houston, which holds the distinction as the only major American city that lacks zoning, and it becomes very apparent. It’s not uncommon to see businesses next door to [...]
