Wachet Auf and Lis Pendens

Lis pendens puts prospective real estate buyers on notice that the lawsuit is pending. If they take title to the real estate, they do so at their own risk, and the results can be brutal.

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Leaving a String Quartet or Tenant-in-Common Real Estate Investment

Originally in residence at Cleveland Institute of Music, the Cleveland Quartet moved together as a quartet to State University of University of New York at Buffalo and then to Eastman School of Music. During the quartet’s history, some musicians left the quartet and were replaced.  But in 1995, the quartet decided to disband. Years of international travel had taken their toll, and the musicians wanted to pursue other interests including, teaching and orchestral work. Real estate co-owners may make similar decisions to change investments or terminate their relationship.

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Moehrl v. NAR and Competition in the Real Estate Industry

For home sales, multiple listing services (MLS) are the main source of information about properties listed for sale. Buyers cannot access MLS completely on their own because MLS limits most access to licensed real estate brokers and agents. Although sellers can try to sell their own homes, they cannot replicate the advertising brokers can provide due to their access clients through access to MLS.

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Smart Use of Smart Tech in Commercial Real Estate: Video Surveillance and Facial Recognition

Facial recognition has the potential to revolutionize commercial real estate access system and security. Yet, privacy advocates express concerns about how this technology might be used. In response, San Francisco now prohibits police from using facial recognition, and New York lawmakers have proposed a ban on facial recognition in residential buildings.

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How a Swimming Pool Use Schedule Violated the Fair Housing Act

It's unfortunate when young musicians are pigeonholed into instrument selection based upon gender stereotypes. Those stereotypes eventually result in gender imbalances in professional orchestras. However, it's illegal to stereotype multifamily residents based upon gender and other attributes. Now, the Third Circuit Court of Appeals has held it violates the Fair Housing Act to establish an amenity use schedule based upon gender stereotypes.

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Surviving Mahler Symphonies and Contract Terminations

At 90 minutes in length, Mahler’s Sixth is a true endurance piece. Consisting of four movements. Performance of a symphony of that length typically leaves orchestra musicians and conductors dripping in sweat as if they had just finished the New York Marathon, rather than played in the New York Philharmonic. Although surviving a symphonic performance or running a marathon frequently is synonymous with accomplishing a huge feat, survival has a different meaning in contracts.

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How Allowing Smoking in Apartments Can Lead to a Fair Housing Violation

Many major cities have passed laws prohibiting smoking in public areas. Some apartment complexes have adopted smoke-free policies. But even in buildings that are not smoke-free, tenants who do not smoke may have a right under fair housing laws to a smoke-free environment.

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Orchestra Performances and Basic Honesty Analysis in Rule 10b-5 Cases

Individual orchestra musicians aren’t considered responsible for a musical composition or interpretation, even if the musicians, themselves believe them to be lacking. That responsibility lies with the composer or conductor who created it. The same may not be true with securities. People who relay inaccurate information they did not author now may be held responsible for securities fraud.

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Water Music and Water Rights

Handel’s Water Music is one of the most famous pieces of classical music, but many people do not know that the music was composed for performance on a barge on the Thames. Boats and barges blocked the river when the Water Music first was performed, likely interfering with the rights of adjacent property owners.

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