Subleasing is very popular during a down economy. You can find great space at a reasonable price. Subleasing, however, during this economy, can be fraught with peril. If the company from whom you are leasing defaults under its lease, the landlord has the right to terminate the master lease along with your sublease. This problem [...]
About Justin Daniels
Justin S. Daniels is the trusted legal quarterback providing corporate and commercial real estate advice to fast growing privately held entrepreneurial businesses. He practices law as a shareholder with the firm Wagner Johnston & Rosenthal, P.C. Justin's corporate practice consists of representing businesses and business owners in all aspects of their operations from structuring new ventures, advising on acquisitions and divestitures and reviewing and negotiating key vendor, franchise, employment and customer contracts. He has represented a variety of clients in the manufacturing, retail, professional services, consulting and technology industries.Your Sublease Can be a Risky Proposition, guest post by Justin Daniels, Atlanta Real Estate Attorney
Tenant Improvement Allowance and Landlord Defaults, guest post by Justin Daniels, Atlanta Real Estate Attorney
Your Tenant Improvement Allowance is at risk When a Landlord Defaults Certain commercial leases allow a tenant to build out space and be reimbursed by the landlord for such buildout. In the current economic climate, however, a landlord may be having financial difficulty or default on its mortgage and be unable to reimburse the tenant [...]
Intangible Tax is not owed on Refinancing Debt with your existing Bank
Georgia law provides that you do not have to pay intangible tax again when you refinance a property with your existing lender if the intangible tax had already been paid on the initial loan.
1031 Funds At-risk? (guest post by Justin Daniels, Commercial Real Estate Attorney)
Did you know that your 1031 funds held by a 1031 exchange agent can be at risk to general creditors should the exchange agent become insolvent? In order to safeguard your exchange funds and, hopefully, avoid such issues you should ensure that: 1) your exchange funds are deposited directly into one or more segregated accounts [...]
To Draft a Contract or not Draft a Contract: That is the Question (guest post by Justin Daniels, Atlanta Real Estate Attorney)
After multiple negotiation sessions the deal has been struck and all that is left is to draft a contract. Who should draft the contract, isn’t it easier and cheaper to let the other party’s lawyer draft the contract and just have your attorney review the draft. Answer: No.
Employee Computer Fraud and The Computer Fraud and Abuse Act (guest post by Justin Daniels, Atlanta Real Estate Attorney)
Does this situation sound familiar? Your employee leaves your real estate company and turns in his laptop. Your IT experts check the computer and determine the former employee made a copy of sensitive company information.
Acquiring Distressed Assets, Guest post by Justin Daniels
One man’s distressed assets are your opportunity. Acquiring a failing competitors customers, equipment, real estate or other assets will be a golden opportunity in the coming months. This opportunity, however, requires that you and your legal team figure out the best way to transfer the assets free of any lien or other third party claims to the assets.
Fair Market Value versus Fair Value | Does One Word Make a Difference?, guest post by Justin Daniels
Today’s business climate will result in an inevitable rise in business divorces that involve commercial real estate assets. How will stock or an LLC interest in the company that owns such real estate be valued?
Short Sales vs Foreclosures: What’s the Difference?, guest post by Justin Daniels, Atlanta Real Estate Attorney
In these economic times, you may hear the words short sale and foreclosure and ask what the difference is and why is that important to me. The short answer is there is a big difference and it could mean a lot to you. SHORT SALE A short sale is where you negotiate with the bank [...]
Criminal Prosecution for Contractors, guest post by Justin Daniels, Atlanta Real Estate Attorney
Criminal Prosecution for Contractors and Subcontractors who Misappropriate Payments on Your Real Property Improvements Agents, Buyers, and Sellers should be aware that Georgia law (O.C.G.A 16-8-15) imposes criminal liability of at least one year in jail for contractors or subcontractors who use proceeds paid to them for real estate improvements on your property to pay [...]