Real Estate Transactions Attorney in Minneapolis, Minnesota

Real Estate Law Client Issues

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Limiting liability. Again, prior to the Great Recession, people focused on it some; they were interested, somewhat, in limiting liability. But now, if you survived it – if you survived the Great Recession – it’s “Fool me once, but fool me twice is not going to happen.”

So, clients are saying, “Look – what can we do to – whatever we’ve earned, keep, and protect that downside risk?” And so, what we’re dealing with now is creating corporate structure and entities and contracts that protect that downside liability, which was not something that was the focus that it was a few years ago. [Snaps fingers] People would just sign a guarantee; they’d have their spouse sign a guarantee.

Now – in fact, I was negotiating a deal just this morning where – we do not want the spouse signing the guarantee. And it might mean the deal doesn’t go ahead. But a few years ago, it was a no-brainer; everybody would just sign the guarantees. And that’s really changed, and that issue comes up a lot now. It’s probably the most common thing that – in real estate that we see.

Minneapolis business attorney Stephen Yoch of Felhaber Larson explains issues that arise often in real estate law.

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