Publications

Negotiations

14 Articles and Other Items Found

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Can We Save Time By Using A Negotiated Document From Another Deal? [2021]mail

Using a negotiated document from another real estate deal might speed up negotiations, but where do the deal-specific elements end and the generic negotiated elements begin?
Real Estate, Interrupted: Joshua Stein talks about how commercial real estate can survive the Covid-19 pandemic [2020]mail

How are commercial landlords, tenants, lenders, and borrowers dealing with Covid-19? Super Lawyers magazine published a long interview with Joshua Stein.
Not Every Tenant Needs Rent Relief [2020]mail

Many commercial tenants have asked their landlords for rent relief because of the Covid-19 pandemic, but some don't really need it.
Scaffolding [2018]mail

Scaffolding has been a part of life in New York City for over 30 years. When a sidewalk shed goes up, should retail rents go down? What protections should retail tenants try to obtain if sidewalk retail space becomes the equivalent of basement space after scaffolding is erected?
Does It Really Need To Be So Binary? [2017]mail

Assignment of a lease need not lead to an all or nothing result for landlord or tenant, in which the landlord loses any right to control the identity of its tenant, or the tenant loses the ability to exit the lease. What are the possibilities for a more nuanced, third way?
The Lawyers Are Getting In the Way of The Deal [2017]mail

Are there times when it's better to aim for "good enough" instead of the perfect deal? When should lawyers stop what they're doing? This article discusses the risks and benefits of pursuing perfection during negotiations.
When A Seller Doesn't Want to Sell Everything [2016]mail

When a seller wants to retain retail or office space in a developer's project, every detail should be in the specs. But what happens when the space delivered varies from the space promised?
Did the Lender Act Reasonably and in Good Faith? [2015]mail

When a legal document says that a party will act "reasonably" or "in good faith," how should these terms be interpreted? Using the common example of a lender's consent to a nondisturbance agreement for a major tenant, Joshua Stein considers their meanings.
Small Commercial Leases [2013]mail

A small commercial tenant has neither the time nor the budget to go through a proper review and negotiation of a lease. But problems may lurk within. What's a prospective tenant to do?
Killer Documents [2011]mail

Wouldn't we all save time if lawyers sent out first drafts that were "reasonable" instead of "totally one-sided"? Maybe. And maybe not.
Rediscovering the Lost Art of Conversation in Deal-Making [2011]mail

How to negotiate a deal when the other side won't let you get a word in the conversation.
The Negotiation Tapes (Parts I & II) [2011]mail

Remember these arguments for your next commercial real estate negotiation. Save time: bring along this article and refer to the arguments by number!
Bound to Negotiate? [2003]mail

We often think that an "agreement to negotiate" is just an agreement to agree and basically unenforceable. A recent California court thought otherwise.
The Art of Real Estate Negotiations [2001]mail

An overview of how to negotiate real estate (or other) transactions. Different negotiating styles. How to raise issues. How to compromise issues. How to reach closure.

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Joshua Stein PLLC
Please Note Our New Address:

110 West 57th Street, 4th Floor
New York, NY 10019 (212) 688-3300

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