Minimizing Liability of a Limited Liability Company Manager in a Real Estate Joint Venture
Delaware limited liability companies have become a popular vehicle for real estate joint ventures and preferred equity investments in real …
Category Archives: Contract Provisions
Triggering the Buy-Sell: Considerations for invoking a buy-sell provision in a partnership dispute (Part 2)
This is Part 2 of a two-part series on triggering a buy-sell. This week we will consider three more factors …
Triggering the Buy-Sell: Considerations for invoking a buy-sell provision in a partnership dispute (Part 1)
In a down market, partnership disputes tend to rear their heads with increasing frequency, and many partners begin looking for …
When Can an Email Modify a Written Agreement?
Following up on the series of articles over the past four weeks regarding oral modification of written agreements, we now …
Word of Mouth: When are oral modifications of written agreements binding? Part IV – Equitable Estoppel
Equitable estoppel differs from promissory estoppel in that whereas promissory estoppel requires a clear, unambiguous promise, equitable estoppel may be …
Word of Mouth: When are oral modifications of written agreements binding? Part III – Promissory Estoppel
Promissory estoppel arises when one party makes an oral promise to another party who relies on that promise and suffers …
Word of Mouth: When are oral modifications of written agreements binding? Part II – Waiver
Under New York law, a waiver is “a voluntary relinquishment of a known right, which would have been enforceable, but …
Word of Mouth: When are oral modifications of written agreements binding? Part I – Part Performance
Most well-drafted legal documents include language that provides that the agreement cannot be modified except by a written agreement signed …
