Peter E Fisch

Peter E Fisch

July 30, 2024 | New York Law Journal

Applying Merger Doctrine to Contracts for Sale of Real Estate

In their Transactional Real Estate column, Peter Fisch and Sal Gogliormella discuss the merger by deed doctrine including how New York courts apply it compared to other states.

By Peter E. Fisch and Salvatore Gogliormella

9 minute read

May 28, 2024 | New York Law Journal

Differences Between Leases and Licenses of Real Property

Parties entering into an agreement for the use of real property should consider whether they intend to create a lease or a license because the nature of the arrangement may significantly affect the rights and remedies of the partiest,

By Peter E. Fisch and Salvatore Gogliormella

9 minute read

March 05, 2024 | New York Law Journal

FinCEN's Proposed Rule on Residential Real Estate Transactions

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss FinCEN's recently proposed rule on non-financed residential real estate transactions which "builds on the U.S. government's longstanding focus on the money laundering risks posed by the residential real estate market."

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

July 03, 2023 | New York Law Journal

Drafting for Local Law 97: Aligning Landlord & Tenant Interests Through 'Green' Commercial Lease Provisions

In 2019, New York City enacted Local Law 97 aimed at combatting the threat of climate change. This article looks at how implementation of the law effects New York City commercial buildings including changes in the way buildings are constructed, operated, and leased.

By Peter E. Fisch and Salvatore Gogliormella

12 minute read

May 09, 2023 | New York Law Journal

Releases of Liability Under Loan Guaranties

A discussion of the five types of guaranties most commonly required in connection with commercial real estate loans.

By Peter E. Fisch and Salvatore Gogliormella

11 minute read

February 07, 2023 | New York Law Journal

Fraud Claims in Purchase and Sale Transactions

Buyers and sellers of real estate must consider how legal principles pertaining to fraud might affect sellers' liability for any false statements made in the context of their transactions.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

November 01, 2022 | New York Law Journal

Considerations When Severing a Master Lease

Severing a master lease generally entails a number of thorny issues. Because severance can have a meaningful impact on many of the parties' rights and remedies and on their ability to manage and exit their investments in the portfolio, the parties should carefully consider those issues at the outset, prior to entering into the master lease.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

October 11, 2022 | New York Law Journal

Specific Performance of a Sale-Leaseback

Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore Gogliormella discuss how, under certain circumstances, particularly in the case of sale-leasebacks, a specific performance clause may not be enforced by the courts.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

August 09, 2022 | New York Law Journal

Portfolio PSA Considerations

In this edition of their Transactional Real Estate column, Peter Fisch and Sal Gogliormella discuss factors to consider in negotiating the sale of a real estate portfolio and highlight some of the complications to look out for.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

March 29, 2022 | New York Law Journal

Revised PACE Financing Guidelines: What You Need To Know

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella focus on Commercial Property Assessed Clean Energy (C-PACE) financing as they discuss the basics of a PACE loan, including what it is, how it works, where it comes from and who qualifies.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read