By: Aaron E. Hall As the housing market continues to surge, offers to purchase homes are made and accepted very quickly. However, even in a robust sellers’ market, if you are selling your home it is still very important to understand your obligations and duties regarding disclosure of property defects. A failure to do so…
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By: Mark G. Kmiecik On January 18, 2019, the IRS issued notice 2019-07 outlining a proposed revenue procedure, whose purpose was to address the uncertainty over whether a rental real estate enterprise is a “trade or business” under Section 199A of the Internal Revenue Code. To mitigate this uncertainty, the proposed revenue procedure provides for…
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By: Michael Van Someren and Danielle S. Snyder A sale-leaseback transaction is a type of transaction in which an operating company that owns its own real estate, either directly or through a related entity, sells the underlying real estate to a third party real estate investor and enters into a triple-net lease with the investor. …
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By: Michael Van Someren and Daniel A. Kaminsky The limited liability company tends to be the entity of choice for commercial real estate owners due to limited liability protection, structure flexibility, and pass through income and taxation. A traditional ownership structure in which a sponsor assembles investors to acquire, develop, and manage a real estate project…
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Litigation attorneys, Christopher Meuler and Ted Warpinski, authored a post for the American Bar Association’s Environmental and Energy Litigation Blog. Their blog post, The Boundaries of State Assumption of Wetland Permitting Authority Get Tested, discusses the pros and cons of a delegation program authorized by section 404(g) of the Clean Water Act (CWA). Click here to read the blog…
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By: Todd Farris and Michael Van Someren Sometimes a municipality’s certified survey map approval authority, minimum lot size requirements, or building setback requirements can present an obstacle to an owner’s desire to sell part but not all of his or her property. Whether it is vacant land, a retail shopping center, or a mixed-use project,…
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By: Todd Farris In Krueger v. AllEnergy Hixton, LLC, 2017 AP 1802 (Ct App. August 9, 2018) the Wisconsin Court of Appeals, District IV in a 2-1 decision recognized the claim of anticipatory private nuisance but established a high bar to successfully plead one in court. The case involved a lawsuit filed by a group…
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A recent decision by the Supreme Court of Wisconsin highlights the need for developers and property owners to be clear and precise in drafting restrictive covenants. Richard Forshee v. Lee Neuschwander, Docket Number 2016AP1608, illustrates that even the state’s highest court can have difficulty in understanding and applying owner intent. The June 5, 2018 decision…
Read Full ArticleBy Michael Van Someren & Danielle S. Snyder Regulation D quietly changed in 2015 and few noticed. Though many real estate developers, owners, business owners, and private equity funds are generally familiar with “private placements” under Regulation D and the limitations of such private placements, a few key advantages are often overlooked. For example, the…
Read Full ArticleOn May 10, 2018, the Wisconsin Supreme Court released a game changing decision in McNally v. Capital Cartage, Inc., 2018 WI 46 impacting the potential commission for real estate brokers as well as the obligations of brokers and sellers. The Court held that a substantial variance between a full price offer and the listing contract…
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