Author Archives: John Wiles

Electronic Transactions in Georgia: Do You Still Need The Paper, or Can You Do It All In The Cloud? By: N. Jackson Cotney, Jr.

ELECTRONIC TRANSACTIONS IN GEORGIA: DO YOU STILL NEED THE PAPER, OR CAN YOU DO IT ALL IN THE CLOUD?   The business world increasingly conducts transactions through electronic means.  While we are all familiar with scribbling our signatures on a terminal for certain transactions, such as credit card purchases, can we do the same thing… Read More »

Learning From the Past: Drafting to Avoid Issues We Saw During the Recession By: John J. Wiles

                    Published in Probate & Property, Volume 28, Number 6, (November/December 2014).  Now that times are getting better, the inclination is to forget the problems of the last several years. As a lawyer who really wanted to be a history professor, the author is always inclined… Read More »

Exclusives: Drafting to Avoid Ambiguity

At a recent continuing legal education class, a discussion regarding “drafting to avoid being sued” resulted with the conclusion that to draft to avoid being sued, we should aspire to “draft to avoid ambiguity”. If (a) parties understand and agree to the terms of a deal, and (b) the deal is documented to accurately reflect… Read More »

Malls And Mechanics’ Liens In Georgia

A highly regarded businessperson who owns a shopping mall recently learned there is a mechanics’ lien recorded against the property. The owner plans to sell the property in the next couple of years — however, news of this lien is hampering negotiations. A commercial real estate attorney provides a customized strategy to clients facing this… Read More »

Averting An Assignment In A Commercial Lease

An owner of a stationary store entered a five-year lease of a storefront in a strip mall. The lease had a clause that provided, “The lessee may not assign this lease or any rights or interest in it without the express written permission of the lessor. Any such unauthorized assignment shall be void and shall… Read More »

Understanding Your Duties As A Commercial Landlord

Mike Smith, a businessperson, owned a farm in Georgia on which he grew organic vegetables.  Next to the farm was a two-unit commercial building. Smith leased one unit to a storage company and used the other unit as a grocery store to sell his own and others’ organic fruits and vegetables. In 2011, Smith decided… Read More »

Zoning Hardships In Marietta

Zoning ordinance drafters often face the potential hardships caused to property owners by the application of the ordinance to a particular piece of property. To address this issue, a provision in the state enables a Board of Zoning Appeals to alter the standards of a Marietta zoning ordinance through issuing a variance. A variance allows… Read More »

Landlord Tenant 101

Landlord/Tenant 101:  Planning Ahead to Avoid Tenant Problems Before filing the Dispossessory Preparing the Dispossessory After the Dispossessory has been Filed The Eviction Lawsuits When the Tenant Files Bankruptcy Tenant Relief Landlord Recourse