Legal Insights on Real Estate, Land Use, and Development | Blog by Amundsen Davis Attorneys: Amundsen Davis

Real Estate Due Diligence: Sewer Inspection Risks and Buyer Protections

Ryan M. Spott, Joseph E. Tierney IV — Mon, 15 Jun 2026 09:00:01 -0400

In the world of real estate, what lies beneath the surface can be just as important as what stands above it. Buyers frequently focus their commercial real estate due diligence on topics including structural integrity, environmental factors, title and survey, zoning, and financing. However, there is one critical issue that is frequently overlooked: the condition of underground sewer and drain systems.

ADA Compliance for Model Home Sales Offices: Solutions for Residential Home Builders

Timm W. Schowalter — Thu, 05 Mar 2026 09:00:02 -0500

The Americans with Disabilities Act (ADA) prohibits discrimination and guarantees persons with disabilities have equal access to purchase goods and services. Title II of the ADA governs places of “public accommodation,” which includes residential home builders sales offices. Although single family and model homes are not considered places of public accommodation, ADA complexities arise when home builders use some or part of a model home as a sales office.

In these common situations, Title II may apply, triggering accessibility requirements. Residential builders should consider how to minimize compliance costs and operational disruptions while meeting ADA obligations when using a model home to conduct sales activity.

Drafting Preferred Return and Other Waterfall Provisions in Real Estate Operating Agreements: Best Practices for Lawyers and Investors

Joseph E. Tierney IV — Tue, 10 Feb 2026 09:00:03 -0500

Preferred return and waterfall provisions are the backbone of economic alignment in the operating agreements that govern real estate joint ventures. These clauses dictate how distributions are made between investor members and sponsors or managers. Poor drafting can lead to confusion, misaligned incentives, disputes, and costly litigation, so understanding effective drafting techniques is crucial.

Missouri Eliminates Income Tax on Capital Gains for Individuals

Lisa A. Johnson — Wed, 30 Jul 2025 09:00:04 -0400

On July 10, 2025, Missouri Governor Mike Kehoe signed into law House Bill 594 (the “Bill”), which effectively eliminates the capital gains income tax for individuals and an income tax deduction for corporations. Capital gains are the profit realized from the sale of capital assets such as stocks and bonds, other personal property, and many kinds of real estate.

Will Credit Bureaus Continue to Escape Justice? Part 1: Why Consumers Suffer

Elizabeth H. Lum — Tue, 03 Dec 2024 09:00:05 -0500

On August 7, in Frazier v. Equifax Information Services, LLC, the United States Court of Appeals for the Seventh Circuit affirmed a lower court’s decision to grant summary judgment to defendant Equifax, a consumer credit reporting agency (CRA), in a case brought under the Fair Credit Reporting Act (FCRA).

Ruffled Feathers: HOA Restrictions on Raising Chickens

Elizabeth H. Lum — Thu, 18 Jul 2024 09:00:06 -0400

On July 12^th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner associations (HOAs).

3 Real Estate Issues Facing All Bank Branches

Wed, 05 Jun 2024 09:00:07 -0400

Banks own and operate a surprising amount of real estate for their branches and offices. There were over 77,500 bank branches in America as of the end of 2023. By comparison, McDonalds has about 13,000 stores in the US. That’s a lot of property, and it comes with a lot of legal considerations.

Local Governance Expand Influence over Commercial Building

Joseph E. Tierney IV — Thu, 22 Feb 2024 09:00:08 -0500

A seemingly small win for birds could potentially have big implications for builders. A recent court of appeals decision may impact commercial buildings and construction.

Assessors Allowed to Use “Anticipated” Vacancy in Making Assessments

Joseph E. Tierney IV — Tue, 20 Feb 2024 09:00:09 -0500

Developer beware! In Wisconsin, assessors may use an “anticipated” vacancy in making assessments.

Wisconsin Real Estate Property Taxes: Biennial Exemption Report Filing Deadline – March 31, 2024

Ryan M. Spott, Joseph E. Tierney IV, John F. D'Jock — Thu, 15 Feb 2024 09:00:10 -0500

The City of Milwaukee (and various other municipalities) has sent its Biennial Property Tax Exemption Report and Filing Fee Notices. Owners of tax-exempt real property in Wisconsin must file a Form PC-220 Tax Exemption Report (the “Report”) by March 31, 2024, to ensure their property is properly classified and continues to be recognized as tax-exempt. The Report must be filed with the clerk of the town, village, or city in which the property is located biennially of each even numbered year.