Of Interest
Docu-“don’t”-sign: Don’t rely on Docusign!
Are you relying on Docusign as proof of a signature? You shouldn’t be. When the World Wide Web launched in 1993, it changed the world. An entirely new domain was opened to the public and we began to see a shift from commerce to “e-commerce,” mail to “e-mail,” book to “e-book,” and sports to “e-sports.” Then, about ten years after the emergence of the internet, Docusign, a company that wanted to “centralize and simplify agreement processes” ushered in an era that saw ...
REDEMPTION FOR THE BROKERAGE COMMUNITY: DC CIRCUIT REVERSES DENIAL OF $780,000.00+ COMMISSION
(JLL was Denied Commissions by Trial Court – Appellate Court Reverses) Over the last decade, a single broker representing both parties in a transaction has become increasingly common for the sake of efficiency; that is what Jones Lang LaSalle Brokerage (“JLL”) had in mind when it signed up 1441 L Associates L.L.C. to lease its building at 1441 L Street, NW. Earlier this year, US District Court Judge Florence Pan (District of Columbia.) ruled in Jones Lang LaSalle Brokerage Inc v. 14...
WHO IS THE OWNER? CONTRACTORS, BROKERS AND AGENTS BEWARE!
IF YOU AREN’T CAREFUL, YOU WILL NOT COLLECT. Here is the scenario … you spend months working on a project and you are a bit behind in billing or collecting from the owner. The owner is “ghosting you” and you pull your team off the job. You now want to file a mechanics lien or file suit against the owner when your attorney tells you that the owner is not the property management company or project manager but a limited liability company or partnership which is not the party that signed...
ATTENTION DC PROPERTY OWNERS — IS YOUR PROPERTY VACANT?
BE CAREFUL, YOU MAY BE IN STORE FOR A BIG AND UNFORTUNATE SURPRISE FROM DC TAX AND REVENUE! Many laws start off as well-intended … but end up both taking on a life of their own. Another example where, because of government implementation, the good laws get out of control. This is often the case with the District’s implementation of its vacant and blighted nuisance laws. These laws are quite old – over 100 years – but have been changed in the last decade to permit the District t...
CLEVER ESTATE PLANNING FOR THE CLOSELY-HELD BUSINESS: RECAPITALIZATION AND FREEZE IN VALUE CAN SAVE SIGNIFICANT ESTATE TAXES
Even in bad market times, closely-held businesses continue to see growth. That growth is a double-edged sword. On the one hand, the partnership or stock ownership becomes more valuable – but, at the same time – the more valuable the stock at the time of the owner’s death, the greater the tax burden on the owner’s estate. To avoid this problem, consider recapitalizing—specifically, converting some of your corporation’s common stock into preferred stock. Recapitalization is the restru...
THE DC AREA’S “TRI-STATE LENDING CONUNDRUM”: RECOMMENDATIONS ON PAPERING A GOOD LOAN THAT “TOUCHES” DC/MD/VA
A senior lending officer once remarked, “the best loans are those that are well-underwritten and better papered.” Lending in our tri-jurisdiction area of DC, Maryland and Virginia is challenging today. Lenders must not only underwrite the loan and the borrower/guarantors for today, but also look forward during the term of the loan to protect the loan for default, trouble or calamity. Beyond that, it gets even trickier in our area. The lender may be organized in one state and fund...
The Federal Opportunity Zone Program – A New Program Worth Knowing!
You may have heard about the Opportunity Zone Program -- included as a part of the Tax Cuts and Jobs Act of 2017. The Program was designed as a way to revitalize economically distressed communities by offering significant tax breaks to investors who invest in the development of these communities. Although there has been some debate over whether this program will succeed in actually revitalizing these communities, all politics aside, what does the Opportunity Zone Program m...
SIGNIFICANT CHANGES TO TENANT’S RIGHTS FOR SINGLE FAMILY HOMES!
The Tenant Opportunity to Purchase Act of 1980 (“TOPA”), as amended, gives District of Columbia residential tenants the opportunity to purchase and a right of first refusal to match a third party contract when the owner of their rental accommodation sells, demolishes, or discontinues renting the unit. On April 10, 2018, the District of Columbia City Council amended this act to add several exemptions from coverage. With a few exceptions, single family rental units, single family rental units...
Warning to DC Landlords: You may think you are exempt from rent control! ARE YOU?
In the District of Columbia, the DHCD Rental Accommodations Division (“RAD”) administers the District’s Rent Control Act. All housing accommodations must be registered with RAD, except dormitories, hospitals, units operated by foreign governments, and a few others. The Law places all of the District’s housing stock under rent control UNLESS exempted and, in order to be exempted, one must follow certain regulations and filing procedures in order to qualify for exemption. In other word...
“Market Rate” in Options May Cause Option to be Unenforceable
Option years are written solely for the benefit of a tenant and options add significant value to an ongoing business. Recently, some Court have given landlords an “out” and allowed landlords to cancel a lease renewal term where the option is based upon “market rate” rent. While it would be expected that a Court could be left with the final say-so as that is “market rate,” many Courts have elected not to do so. To be on the safe-side, in order for the option to be enforceable, tenant...