Commercial Real Estate Practice in Massachusetts

Information valuable to transactional practice

Product Number: 2210197B00
Publication Date: 7/7/2023
Edition: 2nd Edition 2023
Copyright: © 2023 MCLE, Inc.
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Commercial Real Estate Practice in Massachusetts

Information valuable to transactional practice

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Print Book 176 pages in 1 volume (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

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Product Description
Product Description

The manual is a comprehensive guide covering all aspects of Massachusetts real estate practice, including purchase contracts; due diligence; zoning and environmental matters; financing; rights of first refusal; specific issues encountered in hospitality-sector transactions and solar facilities; and essential drafting guidance for both beginners and seasoned practitioners.

Recent updates:
- Update: July 2023
  Dear Subscriber:
  
  Thank you for purchasing this second edition of Commercial Real Estate Practice in Massachusetts, edited by Josh M. Alper, Esq., and written by a cadre of other experts in Massachusetts' commercial real estate practice community. Inside you will find information valuable to transactional practice, including the following:
  - Due diligence. Chapter 2 offers an updated list of actions the buyer's attorney should take, along with pointers on ordering surveys and situations of heightened risk or concern that would be revealed by a survey.
  - Physical site inspection. Chapter 2 provides physical site inspection information concerning environmental and geotechnical site investigations, compliance regarding wetlands and rivers, endangered species, old-growth forests, and archaeological sites.
  - ALTA Revised Policy Forms. See chapter 3 for information on the revised 2021 ALTA title insurance forms for commitments, owner policy, loan policy, and certain endorsements.
  - ALTA Policy Jacket. Chapter 3 also offers a redlined version of revisions to the ALTA Owner's Policy Jacket.
  - Solar projects. Chapter 4 includes discussion of the Supreme Judicial Court's first interpretation of G.L. c. 40A, § 3 in a 2022 case involving an access road in Waltham running to a solar energy system in Lexington.
  - Taxation in the context of solar energy projects. See chapter 4 for discussion of 2021 Mass. Acts c. 8, "An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy" (the "Climate Act"), and its significance regarding property tax.
  - Closing. See chapter 10 for updated information on authority documentation in the context of commercial real estate closings.
  We at MCLE trust that you will find this material useful in your commercial real estate practice, and valuable in your law library.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Zoning and Subdivision Laws Applicable to Commercial Real Estate Projects
Buy Chapter
Elisabeth C. Goodman, Esq., Cain Hibbard & Myers, PC

Checklist 1.1
- Zoning Checklist Buy Form

Checklist 1.2
- Subdivision Checklist Buy Form

Chapter 2 expand

Due Diligence
Buy Chapter
Dan Lasman, Esq., Goulston & Storrs, PC
Yareni Sanchez, Esq., Goulston & Storrs, PC
Philip E. Tedesco, Esq., Goulston & Storrs, PC

Checklist 2.1
- Due Diligence Checklist Buy Form

Chapter 3 expand

Title Insurance Basics
Buy Chapter
Lynne Murphy Breen, Esq., FNF Family of Companies: Fidelity, Commonwealth & Chicago Title Insurance

Exhibit 3A
- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3AA
- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 3B
- Owner’s Policy of Title Insurance Buy Form

Exhibit 3BB
- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 3C
- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 3CC
- ALTA 19 Series Endorsements Buy Form

Exhibit 3D
- Loan Policy of Title Insurance Buy Form

Exhibit 3DD
- ALTA 3 Series Endorsements Buy Form

Exhibit 3E
- Schedules A and B for Owners and Lenders Buy Form

Exhibit 3EE
- ALTA 17 Series Endorsements Buy Form

Exhibit 3F
- Property Description Sheet Buy Form

Exhibit 3FF
- ALTA 9 Series Endorsements Buy Form

Exhibit 3G
- Secondary Mortgage Market Endorsement Buy Form

Exhibit 3GG
- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 3H
- ALTA Endorsement Form 9 Buy Form

Exhibit 3I
- ALTA Endorsement Form 8.1 Buy Form

Exhibit 3J
- ALTA Endorsement Form 7 Buy Form

Exhibit 3K
- ALTA Endorsement Form 6 Buy Form

Exhibit 3L
- ALTA Endorsement Form 6.2 Buy Form

Exhibit 3M
- ALTA Endorsement Form 5 Buy Form

Exhibit 3N
- ALTA Endorsement Form 4.1 Buy Form

Exhibit 3O
- Master Endorsement Buy Form

Exhibit 3P
- “Date Down” Endorsement Buy Form

Exhibit 3Q
- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 3R
- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 3S
- Survey Affidavit Buy Form

Exhibit 3T
- Surveyor’s Report Form Buy Form

Exhibit 3U
- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 3V
- Summary of Castle Enhanced Coverage Policies for One-to-Four-Family Residences Buy Form

Exhibit 3W
- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 3X
- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 3Y
- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 3Z
- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Chapter 4 expand

Transactions Involving Solar Facilities
Buy Chapter
Bethany A. Bartlett, Esq., Kearsarge Energy LP
Beth A. Goldstein, Esq., Sherin and Lodgen LLP

Exhibit 4A
- Contracts for Energy and Energy-Related Services Chapter 30B Compliance Form Buy Form

Exhibit 4B
- Sample Form SNDA Between Fee Lender and Solar Tenant Buy Form

Chapter 5 expand

Hospitality
Buy Chapter
Joshua M. Alper, Esq., Sherin and Lodgen LLP

Checklist 5.1
- Considerations for Asset Purchase Transfer of a Hotel Buy Form

Checklist 5.2
- Sellers’ Common Representations and Warranties in Hotel Sales Transactions Buy Form

Checklist 5.3
- Representing a Buyer of Commercial Real Estate Seeking Transfer of a Liquor License Buy Form

Exhibit 5A
- Sample Due Diligence Checklist Buy Form

Chapter 6 expand

Hazardous Materials
Buy Chapter
Ronald W. Ruth, Esq., Sherin and Lodgen LLP

Exhibit 6A
- Access Agreement Buy Form

Chapter 7 expand

Financing of Commercial Real Estate Transactions
Buy Chapter
Ian T. Lane, Esq., Sherin and Lodgen LLP

Exhibit 7A
- Commitment Letter Buy Form

Exhibit 7B
- Closing Agenda Buy Form

Exhibit 7C
- Commercial Loan Agreement Buy Form

Exhibit 7D
- Term Promissory Note Buy Form

Exhibit 7E
- Unlimited Guaranty Buy Form

Exhibit 7F
- Mortgage Agreement Buy Form

Exhibit 7G
- Assignment of Rents and Leases Buy Form

Exhibit 7H
- Assignment of Agreements, Permits, and Rights Buy Form

Exhibit 7I
- Hazardous Materials Indemnification Buy Form

Exhibit 7J
- Contractor’s Partial Waiver and Subordination of Lien Buy Form

Exhibit 7K
- Collateral Assignment of Construction Contract Buy Form

Exhibit 7L
- Collateral Assignment of Architect’s Contract Buy Form

Exhibit 7M
- Guaranty of Completion of Improvements Buy Form

Exhibit 7N
- Construction Loan Agreement Buy Form

Exhibit 7O
- Title Insurance Requirements Checklist Buy Form

Exhibit 7P
- Survey Requirements and Form of Surveyor’s Certificate Buy Form

Exhibit 7Q
- Requirements for Insurance Certificates Buy Form

Exhibit 7R
- Disbursement Authorization Letter Buy Form

Exhibit 7S
- Closing Letter Buy Form

Chapter 8 expand

Other Purchase Rights
Buy Chapter
Peter Friedenberg, Esq.,

Exhibit 8A
- Option Agreement Buy Form

Exhibit 8B
- Notice of Option Agreement Buy Form

Exhibit 8C
- Agreement of First Refusal (Short Form) Buy Form

Exhibit 8D
- Agreement of First Refusal (Long Form) Buy Form

Exhibit 8E
- Notice of Agreement of First Refusal Buy Form

Exhibit 8F
- Agreement of First Offer (Short Form) Buy Form

Exhibit 8G
- Agreement of First Offer (Long Form) Buy Form

Exhibit 8H
- Notice of Agreement of First Offer Buy Form

Exhibit 8I
- Article X: Option to Purchase (Lease Clause) Buy Form

Exhibit 8J
- Article Y: Right of First Refusal to Purchase (Lease Clause) Buy Form

Exhibit 8K
- Article Z: Right of First Offer to Purchase (Lease Clause) Buy Form

Chapter 9 expand

Drafting Purchase and Sale Agreements
Buy Chapter
Teresa A. Belmonte, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Checklist 9.1
- Checklist of Items Deliverable by Seller at a Commercial Real Estate Closing Buy Form

Checklist 9.2
- Checklist of Items Deliverable by Buyer at a Commercial Real Estate Closing Buy Form

Exhibit 9A
- Purchase and Sale Agreement Buy Form

Chapter 10 expand

The Closing
Buy Chapter
Mark B. Elefante, Esq., Hemenway & Barnes LLP
Steven L. Mangold, Esq., Hemenway & Barnes LLP

Exhibit 10A
- Closing Agenda Buy Form

Exhibit 10B
- Gap Indemnity Buy Form

Exhibit 10C
- ALTA Settlement Statement—Combined Buy Form

Exhibit 10D
- ALTA Settlement Statement—Cash Buy Form

Exhibit 10E
- Complex Settlement Statement Buy Form

Exhibit 10F
- Escrow Letter to Title Company or Agent Buy Form

Exhibit 10G
- Preclosing Escrow Agreement Buy Form

Exhibit 10H
- Postclosing Escrow Agreement Buy Form

Exhibit 10I
- Clerk’s Certificate Buy Form

Exhibit 10J
- Trustee’s Certificate for a Nominee Trust Buy Form

Exhibit 10K
- Trustee’s Certificate Under G.L. c. 184, § 35 Buy Form

Exhibit 10L
- Deed Buy Form

Exhibit 10M
- Assignment and Assumption of Leases Buy Form

Exhibit 10N
- Bill of Sale and General Assignment Buy Form

Exhibit 10O
- Assignment and Assumption of Contracts Buy Form

Exhibit 10P
- Notice to Tenants of Sale Buy Form

Exhibit 10Q
- Real Estate Tax Allocation Agreement Buy Form

Exhibit 10R
- Title Insurance Affidavit Buy Form

Exhibit 10S
- Nonforeign Certification Buy Form

Exhibit 10T
- Form 1099-S Buy Form
Editors & Authors

Editor(s)

Joshua M. Alper, Esq., Sherin and Lodgen LLP, Boston

Author(s)

Joshua M. Alper, Esq., Sherin and Lodgen LLP, Boston

Bethany A. Bartlett, Esq., Kearsarge Energy LP, Brighton

Teresa A. Belmonte, Esq., Hemenway & Barnes LLP, Boston

Mark B. Elefante, Esq., Hemenway & Barnes LLP, Boston

Peter Friedenberg, Esq., Needham

Beth A. Goldstein, Esq., Sherin and Lodgen LLP, Boston

Elisabeth C. Goodman, Esq., Cain Hibbard & Myers, PC, Pittsfield

Ian T. Lane, Esq., Sherin and Lodgen LLP, Boston

Dan Lasman, Esq., Goulston & Storrs, PC, Boston

Steven L. Mangold, Esq., Hemenway & Barnes LLP, Boston

Lynne Murphy Breen, Esq., FNF Family of Companies: Fidelity, Commonwealth & Chicago Title Insurance, Boston

Ronald W. Ruth, Esq., Sherin and Lodgen LLP, Boston

Yareni Sanchez, Esq., Goulston & Storrs, PC, Boston

Philip E. Tedesco, Esq., Goulston & Storrs, PC, Boston

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Commercial Real Estate Practice in Massachusetts

Information valuable to transactional practice

Commercial Real Estate Practice in Massachusetts

Information valuable to transactional practice

Choose Format:

Product Description

Recent updates:

Table of Contents

Zoning and Subdivision Laws Applicable to Commercial Real Estate Projects

Checklist 1.1

Checklist 1.2

Due Diligence

Checklist 2.1

Title Insurance Basics

Exhibit 3A

Exhibit 3AA

Exhibit 3B

Exhibit 3BB

Exhibit 3C

Exhibit 3CC

Exhibit 3D

Exhibit 3DD

Exhibit 3E

Exhibit 3EE

Exhibit 3F

Exhibit 3FF

Exhibit 3G

Exhibit 3GG

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Exhibit 3N

Exhibit 3O

Exhibit 3P

Exhibit 3Q

Exhibit 3R

Exhibit 3S

Exhibit 3T

Exhibit 3U

Exhibit 3V

Exhibit 3W

Exhibit 3X

Exhibit 3Y

Exhibit 3Z

Transactions Involving Solar Facilities

Exhibit 4A

Exhibit 4B

Hospitality

Checklist 5.1

Checklist 5.2

Checklist 5.3

Exhibit 5A

Hazardous Materials

Exhibit 6A

Financing of Commercial Real Estate Transactions

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Exhibit 7J

Exhibit 7K

Exhibit 7L

Exhibit 7M

Exhibit 7N

Exhibit 7O

Exhibit 7P

Exhibit 7Q

Exhibit 7R

Exhibit 7S

Other Purchase Rights

Exhibit 8A

Exhibit 8B