Chaves Perlowitz Luftig LLP

Chaves Perlowitz Luftig LLP At Chaves Perlowitz Luftig LLP, we help you meet your goals with strategic planning and creative solutions.

Our goal is to be your ultimate resource for any legal topic involving Real Estate, Landlord-Tenant, and Trusts & Estates Law. Chaves Perlowitz Luftig LLP NYC's Preeminent Real Estate & Estate Planning Law Firm

Environmental review isn't just a closing issue. Early diligence can help preserve leverage, avoid surprises, and keep d...
06/22/2026

Environmental review isn't just a closing issue. Early diligence can help preserve leverage, avoid surprises, and keep deals from stalling once buyers and lenders begin asking questions.

Environmental issues are much easier to manage before a property is under contract than after a buyer, lender, or investor raises concerns during the closing process. That's why sellers of certain commercial, mixed-use, or development may want to consider ordering a Phase I environmental site assessment before or early in the sale process.

Once there is an accepted offer, environmental concerns can quickly become leverage points for buyers, lenders, and counsel. If prior property use, underground storage tanks, contamination concerns, dry cleaner history, gas station history, industrial activity, or other environmental red flags surface late, the deal can be delayed, renegotiated, or put at risk.

By identifying potential environmental issues ahead of time, sellers can better understand what they are bringing to market, prepare documentation, address concerns proactively, and reduce the chance of being caught off guard once the transaction is already moving. This is especially true for commercial properties, mixed-use buildings, development sites, gas stations, dry cleaners, and properties with prior uses that may raise environmental concerns.

Learn more about CPL Law: https://bit.ly/4en7QjI

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In real estate transactions, commission language should be reviewed before the agreement is signed, not after a dispute ...
06/19/2026

In real estate transactions, commission language should be reviewed before the agreement is signed, not after a dispute surfaces.

Commission disputes often arise when the parties do not clearly define who is owed what, when payment is triggered, and what happens if the deal changes.

In real estate transactions and commercial leases, these items need to be addressed upfront, including who is responsible for payment, when commission is earned, whether payment depends on closing or lease ex*****on, what happens if the deal is extended or modified, and how multiple brokers or protected-party language can complicate the issue.

Reach out to our team at CPL Law for a free consultation: https://bit.ly/4tpKBK2

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When a seller remains in the property after closing, the deal may be closed, but the legal relationship between the part...
06/17/2026

When a seller remains in the property after closing, the deal may be closed, but the legal relationship between the parties is not fully over.

If you're in the market for buying or selling real estate in which the seller stays, post-closing possession agreements should not be handled casually or with vague language.

Things like occupancy deadlines, daily use and occupancy charges, escrow holdbacks, utilities, insurance, maintenance obligations, damage, access rights, and what happens if the seller does not vacate on time need to be addressed - before there's a problem.

CPL Law is here to guide you every step of the way. Learn more: https://bit.ly/4focLlp

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When a property is leased and financed, the relationship between the tenant, landlord, and lender needs to be clearly do...
06/15/2026

When a property is leased and financed, the relationship between the tenant, landlord, and lender needs to be clearly documented. Commercial tenants should understand what may happen in the event of a foreclosure or change in ownership and how their lease may be affected.

In some circumstances, particularly for larger commercial tenants, subordination, non-disturbance, and attornment agreements (SNDAs) can help clarify whether a lease survives lender enforcement and what obligations a tenant has if ownership changes. The availability of these protections often depends on the tenant's bargaining power and the specifics of the transaction.

Don't wait to find out what could happen if ownership changes. Stay prepared with the right team: https://bit.ly/4tpKBK2

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06/12/2026

Financing is a long story. Pre-approval is only the first chapter. It's important to be proactive by working with the right team to understand the current stage of the process and remaining steps needed to close.

The price listed in a contract is only one part of what determines the final amount due at closing.Closing adjustments, ...
06/12/2026

The price listed in a contract is only one part of what determines the final amount due at closing.

Closing adjustments, including real estate taxes, water and sewer charges, fuel, rent, security deposits, common charges, maintenance, assessments, and prepaid expenses, can meaningfully affect what each party pays or receives.

These adjustments are not just small accounting details. They are an important part of making sure each party is only responsible for the period they actually own or occupy the property.

Face fewer surprises with the right team: https://bit.ly/4focLlp

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Good counsel helps solve problems. Great counsel helps prevent the problem from happening in the first place.In commerci...
06/10/2026

Good counsel helps solve problems. Great counsel helps prevent the problem from happening in the first place.

In commercial leases, default provisions are key to defining how much time a party has to fix the issue before the consequences escalate. These provisions can affect leverage, negotiation, litigation risk, and determine whether a problem becomes a full-blown lease dispute.

To avoid issues down the road, it's important to review any notice and cure periods in commercial leases, especially when it comes to what triggers default, how notice must be delivered, how much time the tenant or landlord has to cure, and what happens if the issue is not cured in time.

At CPL Law, we'll pay attention to the provisions clients may not think about until there is a problem: https://bit.ly/4mmGU62

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A commercial lease doesn't just define where a business operates. It can also define what the business is actually allow...
06/08/2026

A commercial lease doesn't just define where a business operates. It can also define what the business is actually allowed to do in that space.

Tenants and counsel should carefully review use clauses in commercial leases before anything gets signed. Narrow use language can limit future business growth, new services, product expansion, subleasing options, or changes in operations. Oftentimes, landlords may use these clauses to control building mix, avoid conflicts between tenants, or protect existing exclusivity rights.

It takes just one omitted clause to materially affect a tenant's ability to operate and grow. Make sure you work with a team that will help you understand every detail, both for the present and future of your business.

Learn more: https://bit.ly/4tpKBK2

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The guaranty is often where the most personal financial exposure lives, yet it is frequently treated as boilerplate. The...
06/05/2026

The guaranty is often where the most personal financial exposure lives, yet it is frequently treated as boilerplate.

The right counsel will protect clients from personal risk by paying close attention to guaranty terms, such as, but not limited to:

• Burn-off language, which reduces or eliminates a guarantor's liability over time
• Capped liability, which sets a limit on the financial liability of a guarantor
• Bad-boy carveouts, which help make guarantors personally liable for "bad acts"

Discover how we work through the intricacies at CPL Law: https://bit.ly/4uWRgMY

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Clients often hear “commitment” and assume financing is done, when in reality, there may still be multiple conditions st...
06/03/2026

Clients often hear “commitment” and assume financing is done, when in reality, there may still be multiple conditions standing between the deal and the closing table.

A loan commitment letter, or a mortgage commitment letter, indicates that a lender is ready to loan the designated amount of money for the transaction, but it's contingent on several items and doesn't guarantee financing.

These items include appraisal conditions, reserve requirements, insurance requirements, building eligibility issues, title exceptions, sponsor conditions, or any conditions precedent, that still need to be satisfied and resolved before closing, and before the financing is squared away.

Reviewing the commitment letter carefully is a key part of protecting the client from avoidable surprises late in the process.

Reach out to our team to learn more about how we can help: https://bit.ly/4mmGU62

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