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Welcome to the Jones Waldo Real Estate Department Spotlight Site. Here you will find frequently updated information on real estate law, policies, cases and other developments.

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What's Wrong with a Right?
Posted on Jan. 31, 2013

A common acronym for Rights of First Refusal – “ROFR” – may bring to mind an image of a dog, for more reasons than the obvious similarity of the term to the sound a dog makes.

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Utah Protections From Cleanup Liability for Prospective Purchasers
Posted on Jan. 9, 2013

It has become the industry standard for prospective purchasers of commercial or industrial property to obtain a Phase I Environmental Site Assessment (Phase I Report) as part of their due diligence.  A Phase I Report may identify environmental conditions that are integral to negotiating the purchase.  A Phase I Report can also be used to qualify the purchaser for the federal cleanup defenses under CERCLA:

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What Every Commercial Tenant Should Know About Lease Subordination and Attornment
Posted on Dec. 20, 2012

Almost every lease of commercial, retail and industrial property contains a so-called “subordination clause,” under which the tenant agrees that the tenant’s rights under the lease will be inferior to the rights of any lender who forecloses on the leased property.  It is vitally important that any tenant agreeing to subordinate understand the import of such a provision and the available options.  It is the rare tenant who can flatly refuse to subordinate his leasehold interest in the event of foreclosure.  But there is much that the well-informed tenant can do to prevent termination of its lease in the event the landlord is foreclosed.

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Can Landlords Terminate Leases When Tenants Fail To Comply With The Letter of the Lease?
Posted on Dec. 2, 2012

So the tenant has failed to comply with one of the more “technical” requirements of the lease; can the landlord terminate the lease for breach on a “technicality?”

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Department Chair

tomTom Berggren

Tom has an extensive finance and real estate practice representing a wide range of businesses and financial institutions. He specializes in real estate secured loans and often serves as local counsel in multi-state credits. He has the expertise to assist developers, lenders, nonprofits and governmental entities take advantage of New Markets, Historic and Investment tax credits as part of the project financing.

To read Tom's complete bio, CLICK HERE.