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Howard F. Kline
Interests: my family, computers, gadgets and live theater and acting.
Recent Activity
I am not sure if it is Minnesota or Iowa, but I have a friend who lives in Sioux Falls, South Dakota and he drives a short ways into a neighboring state to buy clothes which are not taxed in the other state.
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I am pleased to announce that we have opened our blog to a select group of guest bloggers. Michael Gottlieb,, the Managing Partner of Advanced Green Solutions will be writing a guest blog for CRE Radio on Environmental and Green... Continue reading
Posted Nov 26, 2012 at Commercial Property Herald
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This is the "It's a Wonderful Life," same as the movie with Jimmy Stewart that we see on TV every holiday season, except with some great music. It’s hard to imagine, but it works. Continue reading
Posted Nov 18, 2012 at Commercial Property Herald
This is the "It's a Wonderful Life," same as the movie with Jimmy Stewart that we see on TV every holiday season, except with some great music. It’s hard to imagine, but it works. Continue reading
Posted Nov 18, 2012 at Commercial Property Herald
We have just expanded our creradio to include my blog posts that I have been posting here on The Commercial Propert Herald Continue reading
Posted Nov 7, 2012 at Commercial Property Herald
Microsoft has now splashed out with its new operating system and a new tablet device, purportedly intended to challenge the iPad's dominance and overwhelming success. This is my initial review and experience with the Microsoft "Surface", their mobile tablet device. Continue reading
Posted Nov 7, 2012 at Commercial Property Herald
My guess is that the pop-ups are more for marketing purposes and, perhaps, sales and distribution of Microsoft's new Surface Tablet featuring Windows RT. I suspect that they will likely stay up so long as demand requires. Continue reading
Posted Oct 11, 2012 at Commercial Property Herald
Oh, I knew you couldn't be talking about me. But yes, Gene is very knowledgeable. He is my "go-to" guy on securities and syndications in real estate.
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Last week, the Los Angeles Times published an article about a home builder’s efforts to construct “green” homes that produce as much energy as they consume. This seemed like a great idea, appealing to my sense of social consciousness and... Continue reading
Posted Sep 24, 2012 at Commercial Property Herald
LauraLea. If what you say is true and Ms. Young only gets a flat fee for advertising, then perhaps it would help her if she did not refer to herself, in her documents as a listing broker in her advertising agreement. Let me ask you this: Is it less expensive and easier to make some changes to your documentation to make sure that they accurately reflect what you are actually doing, or should you just file a lawsuit? It seems to me that Ms. Young could have made some changes to her documentation and avoided some of the problems that she now faces, assuming what you say is true.
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What I do want to stress is how important it is to get involved in issues that are important to your commercial real property business. For the purpose of this blog post and in the interest of brevity, I would like to focus on your minimum involvement in economic and political issues that effect commercial real estate and your livelihood. Continue reading
Posted Sep 19, 2012 at Commercial Property Herald
Now, I am not suggesting that we will always be successful, but these three collection suits are perfect examples of what can be accomplished if you carefully evaluate, before filing suit, the tenant’s obligations and their likely ability to pay on a judgment, if pushed to the brink. Choosing the right cases and tenant’s to pursue is half the work. Continue reading
Posted Sep 12, 2012 at Commercial Property Herald
What an odd concept, be HONEST. Yes, but if you are not that experienced, you could certainly run afoul of the law while still being honest.
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Chris. I agree with you and I have always assumed that these listing services were nothing more than advertisers, like a newspaper. As just an advertiser, I don't see why a broker's license would be required. However, in this case, there seems to be enough evidence online regarding Ms. Young and her, elist.me site to at least question whether or not she is really acting as a broker under the guise of advertisement or whether she is just an advertiser as she claims. It seems to me that if she were really acting as an advertiser, she should be able to clear up the online documentation and website and make that clear, without the necessity of a lawsuit. As to the other services, at face value, they seem to be nothing more than an advertiser and likely should be able to generate significant revenue using that business model alone without the necessity of having unseen agreements behind the scenes. But who knows what really goes on behind the scenes and what makes people take shortcuts for more money. I am not suggesting that anyone is doing something wrong, but maybe, every now and then, someone in authority might take a quick "look see" just to make sure that things are on the "up-and-up".
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Our further investigation into this elist.me service reveals at http://www.docstoc.com/docs/87139538/AgreementDOC---eListme-Advertising-Services, reveals that you can register for a document download service through Docstoc.com, where you can find and download a "Property Agency Listing Agreement" identifying the "broker" as "eList.me". A quick review of the Listing Agreement does not reveal any limitation by jurisdiction and the only reference to a jurisdiction is to resolve disputes in California. The interesting thing is that Docstoc lists this document as a"Agreement.DOC - eList.me Advertising Services." Sounds to me like someone is looking for listings as a broker and calls it advertising.
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Apparently Leslie Young filed a federal lawsuit, seeking a permanent injunction to stop Nebraska from enforcing the law, which she says violates her First Amendment rights, the Lincoln Journal Star ( http://bit.ly/Pu0WWf) reported. Continue reading
Posted Sep 1, 2012 at Commercial Property Herald
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My experience tells me that, unless a tenant has substantial assets to afford good legal and real estate representation, they have been at a distinct disadvantage dealing with an insuring that their landlord's deal with them in a fair way and in accordance with the terms of the lease. Continue reading
Posted Aug 28, 2012 at Commercial Property Herald
I was wondering if you would share your experience with the CCIM designation. What has it added to your ESQ? Continue reading
Posted Aug 25, 2012 at Commercial Property Herald
The rules of civil procedure in the courts also promote an adversarial nature among lawyers rather than an attitude of collaboration among the lawyers and the courts, which I beleive would be of greater benefit to the clients. Most cases involve major game playing, just to get information that is obvious that we are entitled to. I am confident that much of the cost and time consumed in court litigation is spent trying to avoid providing evidence, facts and documents to the other side, at least, on average, increasing the client’s costs by more than fifty percent. Continue reading
Posted Aug 23, 2012 at Commercial Property Herald
Thanks Krrish. Kind of you to say
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As previously reported, Los Angeles, Ventura and Alameda Counties and San Francisco will no longer provide court reporters on civil matters, hearings and trials. San Diego County is reported to be planning the same. Orange County is cutting back hours of clerk operations as well as reducing hours of operation of each branch. Continue reading
Posted Aug 15, 2012 at Commercial Property Herald
Sorry for the delay in responding. In California, the tenant cannot unilaterally terminate the lease unless the lease allows for it. Most commercial leases state that a tenant abandonment is a "breach" but the landlord has to act on the breach in some way for their to be a termination. Usually, the landlord would terminate by serving notices to pay or quit or perform some covenant or quit or even serve a notice of belief of abandonment. By serving any of these notices, the landlord acts to terminate the lease and then limits itself to CC 1951.2 damages. With that being said, most leases also provide specific language in the lease which allows the landlord, at the landlord's option, to keep the lease in full force and effect and sue for rents as they accrue, pursuant to CC 1951.4. In rare instances, I have seen the statutory language missing from leases, which makes pursuing the tenant for rents, much more complicated. I have recently seen language in a lease where there is no reference to the landlord's rights to CC 1951.4 and misstated the landlord's rights pursuant to CC 1951.2. In that case, the tenant may be able to abandon and not owe rents through the end of the term of the lease.
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Hilary, you are correct and you ask, probably the most important question. How do the mom & pops deal with this issue. I am afraid that I don't have a really good answer and I am looking for one. I suppose, the bottom line is to figure out how the consumer can be motivated to buy at the store rather than online. It seems that the B&M needs to provide something to the consumer that the consumer can't get online. My guess is service but that is too simple an answer and I suppose it depends upon what you are selling.
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Information Regarding the Use of the Crowdfunding Exemption in the JOBS Act “On April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act was signed into law. The Act requires the Commission to adopt rules to implement a new exemption that will allow crowdfunding. Until then, we are reminding issuers that any offers or sales of securities purporting to rely on the crowdfunding exemption would be unlawful under the federal securities laws. Continue reading
Posted Jul 6, 2012 at Commercial Property Herald
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My daughter, a 15 year old graphic artist has proven to me that she is far more talented than me. Thank goodness. Now, with her help and artistic flair, she has helped me fulfill a dream of creating our own comic strip, dedicated, priimarily to Commercial Real Estate. Continue reading
Posted Jun 25, 2012 at Commercial Property Herald