By: Stephen D. Richman As established in other “Watch Your Language” articles for this Blog, as a general rule, courts will uphold language in commercial agreements, unless it is contrary to statutory law or public policy. Because of this judicial deference to...
By Samir B. Dahman On August 2, 2016, the IRS released proposed regulations to Internal Revenue Code Section 2704. The regulations are aimed at limiting the use of valuation discounts in interests in family-owned and closely held entities. Under current law, Section...
By Stephen D. Richman As discussed in other articles for this Blog, under the heading, “If the Form Does Not Fit You Must Alter It,” the real estate attorney’s optimal role can be analogized to that of a department store tailor. Sometimes, parties cannot afford custom...
By Stephen D. Richman As you may know, as a general rule, commercial leases of real property in Ohio must be in writing to be enforceable. Ohio’s “Statute of Frauds” (ORC Section 1335.04) with respect to leases provides in pertinent part that “no lease… of, in, or out...
By Connie S. Carr If I had to pick one issue that perpetually appears in term sheets and letters of intent negotiated by clients on real estate purchases, it is the issue of timing. In short, the self-imposed deadlines agreed to by the parties are often disconnected...
By Stephen D. Richman Actually, effective August 1, 2016, for Cuyahoga County, there is a new Page 2 to the statewide Real Property Conveyance Fee Statement of Value and Receipt (Form DTE 100). Form DTE 100 is the form that must accompany all real estate transfers in...
By Connie S. Carr When it comes to claiming a property tax exemption based on charitable use, merely owning the property in a 501(c)(3) nonprofit corporation is not sufficient to succeed. On July 27, 2016, the Ohio Supreme Court issued its decision in Innkeeper...
By Stephen D. Richman It’s a license, it’s a lease, it’s a license and a lease. Actually, while Faye Dunaway’s character in the movie Chinatown could be both mother and sister to “Katherine”, a transferred right regarding real estate cannot be both a license and a...
By Connie S. Carr Earlier today I had published information regarding Ohio's Dredged Material Program. This afternoon I received the following information from the Ohio EPA's Division of Materials and Waste Management ("DMWM") regarding it's proposed rules on the...
By Connie S. Carr Given the passage of Ohio Senate Bill 1 earlier this year, finding solutions for keeping Ohio’s northern shipping channels open has taken on new urgency. As stated in previous blog articles, the Army Corps of Engineers handles the dredging of...