Posts tagged Orchestrating Real Estate
Real Estate Wire Fraud Hiding in Plain Sight

Julian Altman stole a Stradivarius violin and "hid" it in plain sight as he performed on it for nearly 50 years. Fraud in real estate transactions also has moved out of the shadows and into plain view as fraudsters impersonate transaction parties.

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Contractual "Truncation"or Shortening of Statutes of Limitation

Contractually shortened statutes of limitations are becoming more popular in real estate contracts to provide certainty and finality for the parties.

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How Struggling Orchestras are Like Qualified Opportunity Zone Funds

On July 15, 2019, SEC and NAASA recently released a Joint Summary of securities law concerns for Qualified Opportunity Zone Funds. Although these funds can provide significant tax benefits, fund sponsors must be careful to comply with securities laws when selling them to investors.

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A Concert Hall for Every Ensemble and an Apartment for Every Family

It has been more than thirty years since Congress added familial status to the classes of individuals covered by the Fair Housing Act. Still, many landlords continue to adopt policies which discriminate against tenants with children.

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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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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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A Bill of Sale and Proving Violin Ownership

In the 1960's, Genevieve Veder donated the Duke of Alcantra Strad to UCLA, which loaned the valuable instrument to violinist David Margetts, who lost it. When the instrument surfaced 27 years later,  another violinist claimed that she was the rightful owner because UCLA did not have complete documentation showing its ownership. Documentation showing change of ownership is equally important in real estate transactions. 

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Fermatas, Grand Pauses, and Alternatives to Holdbacks in Real Estate Transactions

Fermatas and grand pauses are alternatives a composer can use slow down the pace of the music when the changes to tempowon't create the desired effect. In a real estate transaction, sometimes, the parties’ circumstances don't allow for a holdback, and the parties are forced to look for alternatives.

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