Incorporating Terms by Reference in Commercial Real Estate Contracts: Knowledge and Assent, Limitations, Enforcement

Mr. Kakstys’ practice focuses on the acquisition, disposition and financing of commercial properties. He represents owners of properties throughout the U.S. in connection with purchases and sales, with particular emphasis on shopping center transactions. Mr. Kakstys also represents institutional lenders in the origination of commercial mortgage loans for their securitization and balance sheet lending platforms. His practice encompasses financing a variety of property types throughout the country, including retail, multifamily, office, hotel and industrial assets, and he has experience with a wide array of financing structures and deal features, including subordinate and mezzanine debt, 1031 and reverse 1031 exchanges, leasehold mortgages, industrial development agency interests and tenancy-in-common ownership. Mr. Kakstys also has experience representing clients in connection with loan purchases, sales and modifications and commercial leases and subleases.

Ms. Whitman is Managing Member of Whitman Legal Solutions, LLC, a national law practice based in the Washington, DC metro area. Her 25+ years of real estate experience includes $5 billion in transactions spanning multiple asset classes, as well as capital stack structuring, real estate securities offerings, workouts, recapitalizations, commercial leasing, rent control, and Section 1031 exchanges. Before forming Whitman Legal Solutions, she served as General Counsel for a national, privately-held real estate securities sponsor which issued tenant-in-common and other Section 1031-qualified real estate securities, as Deputy General Counsel in charge of real estate and securities matters for a public company, as an Administrative Law Judge hearing building, licensing, and rent control cases for the District of Columbia, and as an associate with large law firms located in Columbus, Ohio and New York City. Ms. Whitman also previously served The Uniform Law Commission’s Tenancy in Common Ownership Default Rules Committee and was chair of the Association of Corporate Counsel’s Real Estate Committee. She authors an award-winning blog about real estate and business law and is frequently interviewed and quoted on real estate issues. Ms. Whitman received her J.D cum laude from The Ohio State University and her LL.M. in Securities and Financial Regulation with Distinction from Georgetown University Law Center. In addition to having active bar admissions in the District of Columbia, Maryland, New York, and Ohio, she holds an active Maryland real estate broker license.