Beware of Environmental Liability

Recently a restaurant proprietor wanted to determine his liability for payment of a tax bill to the City. Two previous tenants had operated restaurants out of the premises. So, here’s …

Real Estate Contracts: Right of Assignment

The peculiar aspect of executory contracts has a significant effect on the basic common law doctrine. Ordinarily, contracts are assignable by the buyer without the seller’s consent. However, that general …

The Two Spring Markets

Just about everybody wants to know when the Spring real estate market begins. Actually, so do I. It’s different each year! If you were to examine the market from an …

Dual Agency: A Possible Resolution

There are certainly some problems with dual agency, the most critical of which is the inherent unresolvable conflict of interest. But, even if it cannot be resolved, perhaps a suitable …

Dual Agency and the Legal Profession

Lawyers act for their own clients. They don’t act for opposing parties in the same deal or adversaries in Court. The basic element of the agency appointment for lawyers is …

Dual Agency: Negotiator or Mediator

There is a basic presumption underlining the discussions of dual agency and that is, an agent should be a negotiator and not a mediator. Maybe that’s true, and maybe it’s …