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Unexpected Personal Liability for Hotel Loans

Most commercial mortgage loans, other than construction loans, are nonrecourse to the Borrower, subject to exceptions which are usually referred to as "carve-outs". Originally, carve-outs ...
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ENFORCEABILITY OF LIQUIDATED DAMAGES CLAUSES IN FRANCHISE AGREEMENTS

Liquidated damages clauses are commonly found in franchise agreements as a measure of damages for recovery of lost profits or future royalties. These clauses are for the benefit of the franchisor, and ...
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FRANCHISOR VICARIOUS LIABILITY AS AN EMPLOYER

Federal and state laws have historically protected franchisors from vicarious liability claims of franchisees and their employees. However, a trend is developing in which courts are interpreting their ...
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ENFORCEABILITY OF OPTIONS TO PURCHASE REAL PROPERTY

If a recorded document gives notice of an option to purchase, the option will expire of record six months after the expiration date shown in the document. If no expiration date is shown, then the ...
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TITLE INSURANCE COVERS ONLY THE PROPERTY DESCRIBED IN THE PURCHASE AGREEMENT

A description of what is being bought and sold is, of course, an essential part of any purchase and sale contract. One disappointed land Buyer found out the hard way in a 2012 Court of Appeal decision ...
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