Latest News & Developments in Commercial Real Estate Law
Since 2008, we have used our real estate law blog as a way to keep readers informed about the latest developments and news within commercial real estate law. Some of the topics we regularly address include court decisions on disputed commercial real estate transactions, limited liability company law and high-end residential real estate transactions. In addition to informing readers, we make it a priority to provide an in-depth analysis of the topics we discuss.
New York's Martin Act governs the sale of securities including cooperative and condominium apartments. Since the Court of Appeals CPC v McKesson decision in 1987 it has been accepted that individual purchasers do not have a private right of action under the Martin Act. Courts have held, however, that common law fraud actions remain available. The last 20+ years have seen an array of court decisions trying to find the exact line between common law fraud and mere Martin Act violations. Common law fraud is hard to show - you need an act or omission, scienter (bad intent) and reliance. So ...
