Commercial Real Estate

On July 1, 2020 Governor Cooper signed into law the North Carolina Commercial Receivership Act (the “Act”), Session Law 2020-75, which creates a new Chapter 38A of the General Statutes.  The Act becomes effective January 1, 2021 and applies to receiverships commenced under the Act on or after that date. The Act creates a new statutory remedy for those persons that are eligible to be debtors under the Act and does not replace any other provisions of statutory law or principles of common law ...
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Borrowers and lenders alike may feel inclined to review loan documents only on two occasions: at closing and upon the occurrence of an event of default.  In today’s unprecedented times, there is a third very essential time to review documents relating to your credit or debt facilities: right now. In addition to payment defaults, loan facilities are packed full of covenants, conditions, representations, and warranties which, when business is good, may not warrant much consideration. But in ...
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2017 Section 1031 Tax Free Exchange Update (PDF)

Purchase Agreements and Leases: A Framework for Review & Analysis (PDF)

Purchase and Sale Agreements: Managing Risks (PDF) Carruthers & Roth commercial real estate attorney Chris Vaughn presented “Purchase and Sale Agreements: Managing Risks" at an event hosted by the Young Professionals of the Risk Management Association (RMA) Triad Chapter entitled "An Attorney's View of Do's and Don'ts in Commercial Lending” on April 12, 2016. ...
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Real Estate Tax Update and 1031 Exchanges Manuscript (PDF) Real Estate Tax Update and 1031 Exchanges PowerPoint (PDF) Carruthers & Roth tax attorney Keith A. Wood presented "Real Estate Tax Update and 1031 Exchanges” at the North Carolina Bar Association (NCBA) Real Property Law Section’s 2016 Hot Topics in Real Property Program on February 19, 2016 at the NC Bar Center in Cary, N.C. ...
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NC House Bill 765, or the Regulatory Reform Act, was enacted On October 22, 2015.  The bill includes changes to risk-based remediation of contaminated sites and the definition of prospective developers for brownfields purposes, among other things. This year also saw the elimination of the non-commercial leaking underground storage tank fund. Risk Based Remediation The General Assembly provided this summary of the risk based remediation provisions: Generally, cleanup of environmental cont ...
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