Real Estate

Emergency Use of Remote Online Notarization

By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week.  Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents.  The Department has reconsidered...

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COVID-19 and Contract Enforceability

By: Daniel A. Kaminsky and Alexander T. Kay In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and...

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Coronavirus Challenges for Commercial Landlords

By: Ethan C. Geis and Mike T. Van Someren The COVID-19 virus is having negative effects on many aspects of life in the world, not least including economics close to home.  Unfortunately, commercial real estate and capital markets are not immune to these effects.  In light of the modern real estate investment, which almost always includes a...

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Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

By: Joseph S. Heino and Ryan M. Spott In what could be considered an unusual extension of protections given to works of artistic expression, the Second Circuit Court of Appeals has issued an opinion affirming the value of certain street art – also known as graffiti.  Castillo v. G&M Realty L.P., No. 18-498-CV, 2020 WL 826392 (2d Cir. Feb. 20,...

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Remote Online Notarization Becomes Law

Remote Online Notarization Becomes Law

By: Joseph E. Tierney IV and Lawrence J. Glusman Governor Evers signed AB 293 today which permits parties in Wisconsin to allow the performance of notarial acts via audio-visual technology[1] for remotely located individuals.  In other words, a notary public in Wisconsin does not need to be in the same room as the person for whom they are...

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Swap New Year’s Resolutions for Real Property with a 1031 Tax-Deferred Exchange

Swap New Year’s Resolutions for Real Property with a 1031 Tax-Deferred Exchange

By: Michael Van Someren & Danielle Snyder Fadel A 1031 Tax-Deferred Exchange (“§ 1031 Exchange”) is an extremely useful tax strategy for taxpayers that maintain real property for productive use in trade, business or for investment. It allows a taxpayer to defer payment of capital gains tax on investment properties that are sold. A taxpayer...

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