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As most of the productive sectors in
the country, the Dominican Republic s real estate sector has
not been able to escape the COVID-19 outbreak s
impact. Amidst this new reality,
it is indispensable to weigh in how this
pandemic as well as the measures taken by the
Dominican authorities to respond to it, will
affect ongoing real estate transactions, whose normal
course has been interrupted by the pandemic. The analysis of these
transactions will always depend
on the purchasing method and negotiation, and the
effects on the negotiation terms that the state
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In a survey of cases in federal, state and bankruptcy courts,
commercial tenants seeking to delay or excuse the payment of rent
because of pandemic-related downturns in business sometimes looked
to the equitable doctrines of frustration of purpose and
impossibility for relief. Both of these doctrines allow for the
argument that a default is excusable under circumstances that were
unforeseeable to the parties at the time of the contract s
formation. While commercial tenants sometimes use these doctrines
in tandem, they are distinguishable in their underlying aims. The
self
The Property Line is a brief and lively discussion of the
biggest issues facing the commercial real estate industry. The
podcast will deliver insights from Seyfarth s real estate
lawyers and other industry leaders on current market trends and how
they impact all facets of commercial real estate.
A Wake Up Call For Commercial Landlords: Caffé Nero and
Frustration of Purpose
Old common law doctrines are not dormant and may enable tenants
to avoid the payment of rent due to government shutdown orders
during the pandemic. As more cases are tried, a jurisprudence
regarding these doctrines and their applicability to the pandemic