Articles Written/Forms Published


“Why Conflict of Interest Disclosures Matter in Arbitration” by Ryan C. McKim and Arthur Mazirow, published in LOS ANGELES DAILY JOURNAL on Sept. 7, 2011; “Navigating the Complex World of Business Property Leasing” published in October, 2006 of THE COUNSELORS OF REAL ESTATE MAGAZINE entitled “Perspectives”; CEB NEWSLETTER 8-05-05, “Representing The Tenant in Commercial Leases, The Problems and Possible Solutions”; “Another Route” (ADR and the Real Estate Industry),”  LOS ANGELES DAILY JOURNAL, 8/25/00; “ADR and Title Insurance,”  AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, 7/00; “ADR The Benefits to the Real Estate Industry,”  THE LOS ANGELES DAILY JOURNAL, August 2000; “ADR and Title Insurance,” AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, July 2000; “Real Estate Leases - The Dilemma and Common Traps for the Unwary Tenant,” BUSINESS LIFE, Volume 9, No. 3, March/April 1998; “Defensive Brokering - Keeping the Earned Commission,” AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, September 1996; ”The Long Term Ground Lease and How It Differs from the Space Lease,” APPRAISAL REVIEW AND MORTGAGE UNDERWRITING JOURNAL, Volume 15, No. 1, April 1996; “Special Report: The Nature and Function of Long Term Ground Leasing,” BUCHALTER, NEMER, FIELDS & YOUNGER REAL ESTATE REPORT, September 1993; “Understanding the Americans with Disabilities Act,” CALIFORNIA REAL ESTATE MAGAZINE OF THE CALIFORNIA ASSOCIATION OF REALTORS; July/August 1992; “Title Insurance Provides Fraud Coverage,” NATIONAL REAL ESTATE INVESTOR MAGAZINE, October 1990; “Courts Give Brokers Safety Valve,” NATIONAL REAL ESTATE INVESTOR MAGAZINE, August 1990; “Broker’s Listings - A Lessor’s Viewpoint,” CEA NEWS, a publication of the California Escrow Association, June 1990; A Seller’s Viewpoint,” CEA NEWS, a publication of the California Escrow Association, May 1990; "Tenants Have Options in Cases of Lessor Default," NATIONAL REAL ESTATE INVESTOR MAGAZINE, April 1990; "Subject to Approval By Board of Directors - What Does It Mean?", CEA NEWS, a publication of the California Escrow Association, February 1990; "The Broker as Agent and Fiduciary - Part III:  Reducing the Broker's Risk," CEA NEWS, a publication of the California Escrow Association, January 1990; “The Broker as Agent and Fiduciary - Part II:  Disclosure,” CEA NEWS, a publication of the California Escrow Association, December 1989; "The Broker as Agent and Fiduciary - Part I: What is a Fiduciary?" CEA NEWS, a publication of the California Escrow Association, November 1989; "Lessors Are Favored in Assignment Case," CEA NEWS, a publication of the California Escrow Association, September 1989; "Lease Modifications Affect Guarantors," CEA NEWS, a publication of the California Escrow Association, July 1989; "Is Seller Liable to Broker in Cases of First Refusal?" CEA NEWS, a publication of the California Escrow Association, June 1989; "Rights of First Refusal Benefit Tenant/Lessor," NATIONAL REAL ESTATE INVESTOR MAGAZINE; May 1989; "Lender Standards," CEA NEWS, a publication of the California Escrow Association, May 1989; "The Risk of Partnership and Guarantees," CEA NEWS, a publication of the California Escrow Association, April 1989; "Limiting Tenant's Liability," CEA NEWS, a publication of the California Escrow Association, March 1989; "Condemnation Clauses Can Be Critical Issues," NATIONAL REAL ESTATE INVESTOR MAGAZINE, February 1989; "Subrogation Rights of Insurance Companies - What Every Lessor and Tenant Should Know," AIR NEWSLETTER, a publication of the American Industrial Real Estate Association, Winter 1988-89; "Assignment, Sublease Rights Differ," NATIONAL REAL ESTATE INVESTOR MAGAZINE; November 1988; "Tenant Liability For Failure to Vacate," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, September 1988; "Does Broker Have To Reveal Identity Of Real Buyer?", California Escrow Association Newsletter, August 1988; "Tax, Insurance Negotiations Are Deal Makers," NATIONAL REAL ESTATE INVESTOR MAGAZINE, August 1988; "Tenant's Subordination - Its Real Impact," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, July 1988; "Seller's Risk and Preliminary Agreements," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, June 1988; "Tenant, Lessor Differ on Long-Term Ground Leasing," NATIONAL REAL ESTATE INVESTOR MAGAZINE, June 1988; "Should the Tenant Have Limited Liability?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, May 1988;  "Lessor's Alternatives When The Tenant Becomes Bankrupt," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, May 1988; "The Importance of Estoppel Statements," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, April 1988; "What Are Common Area Charges?" CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, March 1988; "Long-term Ground Lease Spurs Concern for Lenders," NATIONAL REAL ESTATE INVESTOR MAGAZINE, February 1988; "Signing Incomplete Sales Agreements Brings Risk," THE INSIDER - An Official Publication of The Los Angeles Board of Realtors, February 1988; "Parking Lot Injuries," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, January 1988; "Tenants Should Treat Ground Leases Like Purchases," NATIONAL REAL ESTATE INVESTOR MAGAZINE, January 1988; "Long-Term Ground Lease Needs Broader Bargaining," NATIONAL REAL ESTATE INVESTOR MAGAZINE, December 1987; “The Broker's Commission Rights vs. Defaulting Buyer," AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, November 1987; "Real Estate Tax Increases - Who Pays?" CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, November 1987; "When Is a Restaurant Not a Restaurant?" SHOPPING CENTER WORLD MAGAZINE, November 1987; "Commissions, Rent Hikes Are Issues Lessor Weighs," NATIONAL REAL ESTATE INVESTOR MAGAZINE, November 1987; "Merger Mania Hits Lease Assignments," SHOPPING CENTER WORLD MAGAZINE, October 1987; "Seller Should Review Wording of Brokers' Listings," NATIONAL REAL ESTATE INVESTOR MAGAZINE, October 1987; “Encroachments onto Property Can Impede a Sale," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, October 1987; "The Use of 'Satisfaction Clauses'," CALIFORNIA ESCROW ASSOCIATION NEWSLETTER, September 1987; "Determining Fair Market Rents," SHOPPING CENTER WORLD MAGAZINE, September 1987; "Board of Directors' OK Should Be Executed Fairly," NATIONAL REAL ESTATE INVESTOR MAGAZINE, September 1987; "Economic Duress Theory," AIR NEWSLETTER, a publication of the American Industrial Real Estate Association, Summer 1987; "Use Language Should Be Narrow," SHOPPING CENTER WORLD MAGAZINE, August 1987; "The Broker as Agent and Fiduciary - Part Ill:  Reducing the Broker's Risk," NATIONAL REAL ESTATE INVESTOR MAGAZINE, August 1987; "The Broker as Agent and Fiduciary - Part II:  Disclosure," NATIONAL REAL ESTATE INVESTOR MAGAZINE, July 1987; "The Broker as Agent and Fiduciary - Part I:  What Is a Fiduciary?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, June 1987; "Buyer Faces Risk for the Letter of Credit," CEA NEWS, published by the California Escrow Association, May 1987; "The Duty to Recommend a Title Search," A.I.R. NEWSLETTER, a publication of the American Industrial Real Estate Association, Spring 1987; "Tenants Should Plan Lease Assignment," SHOPPING CENTER WORLD MAGAZINE, May 1987; "Transfer Clauses in Leases Deserve Greater Attention," CEA NEWS, published by the California Escrow Association, April 1987; "Beware of Assuming Leases Tied to Gold," NATIONAL REAL ESTATE INVESTOR MAGAZINE, April 1987; "Lessors Are Favored in Assignment Case," SHOPPING CENTER WORLD MAGAZINE, April 1987; "Brokers, Tenants Dispute Commissions After Lease Renewal in Court," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, April 1987; "Prepayment Premium Clauses Require Specificity," CEA NEWS published by the California Escrow Association, March 1987; "Eye General Partnerships, Debt Guaranties Warily," NATIONAL REAL ESTATE INVESTOR MAGAZINE, March 1987; "Lease Modifications Affect Guarantors," SHOPPING CENTER WORLD MAGAZINE, February 1987; "What Is Unreasonable for a Lender?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, February 1987; “Expired Lease Can Be Source of Long-Term Tenant Worries," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, January 1987; "Lease Options and First Rights Should Be Given Careful Scrutiny," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, January 1987; "Is Seller Liable to Broker in Cases of First Refusal?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, January 1987;"Letter of Credit Is Often Not Enough to Secure Bank Loan," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, December 1986; "Arbitration of Landlord/Tenant Disputes," CEA NEWS published by the California Escrow Association, November 1986; "Property Owners Can Be Liable for Hazardous Waste," NATIONAL REAL ESTATE INVESTOR MAGAZINE, November 1986; "Buyer Can Sue and Collect for Mortgage Rate Increases," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, October 1986; "If He Defaults, Is the Buyer Liable to the Broker?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, October 1986; "Can the Tenant Offset Against Rent Expenses?" SHOPPING CENTER WORLD MAGAZINE, October 1986; "Subrogation:  The Hidden Thorn in Tenant/Landlord Insurance," REAL ESTATE REVIEW NEWS of the Los Angeles Board of Realtors, September 1986; "Can the Holdover Tenant Be Liable for Damages?" SHOPPING CENTER WORLD MAGAZINE, September 1986; "Can Seller Rescind the Sale if There Is Buyer Fraud?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, September 1986; "Broker Has Duty to Disclose Buyer's Finances to Seller," REAL ESTATE REVIEW of the Los Angeles Board of Realtors, August 1986; "Increased Interest Rate as an Element of Damages," Daily Commerce Newspaper, August 12, 1986; "Signing Incomplete Sales Agreements Bring Risk," NATIONAL REAL ESTATE INVESTOR MAGAZINE, August 1986; "Tenants Must Guard Against Excessive Operating Costs," SHOPPING CENTER WORLD MAGAZINE, July 1986; "Estoppel Statements Protect an Owner's Interest," NATIONAL REAL ESTATE INVESTOR MAGAZINE, July 1986; "Does Broker Have to Reveal Identity of Real Buyer?" NATIONAL REAL ESTATE INVESTOR MAGAZINE,  June 1986; "Lessor Has Rights If Tenant Bankrupts," SHOPPING CENTER WORLD MAGAZINE, June 1986; "Economic Duress Theory Doesn't Guarantee Buyer Relief," NATIONAL REAL ESTATE INVESTOR MAGAZINE, May 1986; "Lease Subordination:  What Does It Really Mean?" SHOPPING CENTER WORLD MAGAZINE, May 1986; "Constructive Eviction by Reason of Another Tenant's Conduct," CEA NEWS, published by the California Escrow Association, May 1986; "Real Estate Taxes - Who Pays?" April 1986 SHOPPING CENTER WORLD MAGAZINE, May 1986; "Encroachments onto Property Can Impede a Sale," NATIONAL REAL ESTATE INVESTOR MAGAZINE, April 1986; "Who Bears Risk When Neither Party Causes the Loss?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, March 1986; "Do Satisfaction Clauses Make Contracts Illusory?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, February 1986; "Who Is Liable for Parking Lot Injuries?" SHOPPING CENTER WORLD MAGAZINE, February 1986; "Lessors' Rights Clarified in Subletting Situations," SHOPPING CENTER WORLD MAGAZINE, January 1986; "Can the Seller Be Liable for Punitive Damages?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, January 1986; "Should the Broker Receive Commission After Lease Renewal?" SHOPPING CENTER WORLD MAGAZINE, December 1985; "Buyer Faces Risk with Letter of Credit," NATIONAL REAL ESTATE INVESTOR MAGAZINE, November 1985; "Borrowers Checklist for Loan Applications," CEA NEWS, published by the California Escrow Association, November 1985; "Does the Tenant Have the Option to Extend the Expired Lease?" SHOPPING CENTER WORLD MAGAZINE, November 1985; "The Security Deposit - Who Is Obligated to Return It?" SHOPPING CENTER WORLD MAGAZINE, October 1985; "Are Purchase Option, First Refusal Right Inconsistent? The NATIONAL REAL ESTATE INVESTOR MAGAZINE, October 1985; "A Hidden Thorn in Tenant/Landlord Insurance," SHOPPING CENTER WORLD MAGAZINE, September 1985; "Should Seller's Broker Disclose the Buyer's Finances?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, August 1985; "Can Tenants Waive Requirements of the Unlawful Detainer Statutes?" SHOPPING CENTER WORLD MAGAZINE, August 1985; "Is the Lessor Obligated to Inspect Leased Property?" SHOPPING CENTER WORLD MAGAZINE, July 1985; "Option-to-Purchase Commissions Can Cause Disputes," NATIONAL REAL ESTATE INVESTOR MAGAZINE,  July 1985; "Liability Among Competing Buyers," CEA NEWS, published by the California Escrow Association, July 1985; "Arbitration Clauses Deserve Extra Caution," SHOPPING CENTER WORLD MAGAZINE, June 1985; "Can Defaulting Tenant Exercise Option to Purchase?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, June 1985; "Increased Interest Rate as an Element of Damages," CEA NEWS of the California Escrow Association, May 1985; "Prepayment Premium Clauses Require Specificity," NATIONAL REAL ESTATE INVESTOR MAGAZINE,  May 1985; "Transfer Clauses in Lease Deserve Greater Attention," SHOPPING CENTER WORLD MAGAZINE, May 1985; "Continuous Operation Clauses Subject to Many Variables," SHOPPING CENTER WORLD MAGAZINE, April 1985; "Current Law Re:  Consent to Sublease," AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, April 1985; "The Standby Fee - Can the Lender Keep It?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, April 1985; "Tenant May Be Liable for Lessor's Negligence," SHOPPING CENTER WORLD MAGAZINE, March 1985; "Is the Tenant Obligated to Stay in Business?" CEA NEWS, of the California Escrow Association, March 1985; "Borrowers Might Modify Loan Forms Before Signing," NATIONAL REAL ESTATE INVESTOR MAGAZINE, 1985; "Late Delivery in Leases," CEA NEWS, published by the California Escrow Association, February 1985; “Is Broker Fee Paid If Sale Occurs After Listing Expires?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, February 1985; "Other Tenants May Cause Constructive Eviction," SHOPPING CENTER WORLD MAGAZINE, February 1985; "First Refusal Right Depends upon Definition of Sale," SHOPPING CENTER WORLD MAGAZINE, January 1985; "What Are Obligations Under Loan Contingency Clause?" NATIONAL REAL ESTATE INVESTOR MAGAZINE, January 1985; "Leases:  Reserve Expansion Rights," CEA NEWS, California Escrow Association, January 1985; "Take Caution When Subleasing Space In Centers," Shopping Canter World Magazine, December 1984; "Attorneys Review Clause Protects Both Parties," NATIONAL REAL ESTATE INVESTOR MAGAZINE, December 1984; "The Sale Leaseback," CEA NEWS, California Escrow Association, November 1984; "When Is the Second Buyer Liable to the First Buyer?" NATIONAL REAL ESTATE INVESTOR MAGAZINE; November 1984; "Check with Lessor Before Construction," SHOPPING CENTER WORLD MAGAZINE, November 1984; "Recovering Interest Costs When No Title Is Conveyed," NATIONAL REAL ESTATE INVESTOR MAGAZINE, October 1984; "Check Out Zoning Laws Before Signing Lease," CEA NEWS, California Escrow Association, August 1984; "Guarantors - Liable Beyond Leasing Term?" SHOPPING CENTER WORLD MAGAZINE, August 1984; "Some Limitations Govern Right of First Refusal," CEA NEWS, California Escrow Association, July 1984; "Lien Laws May Present Risks," SHOPPING CENTER WORLD MAGAZINE, July 1984; "Reserve Expansion Rights," CEA NEWS,  California Escrow Association,  June 1984; "Contingency Clause Tempers Enthusiasm with Practicality,"  CEA NEWS, California Escrow Association, June 1984; "Assignments and Subleases; Must  Lessor Consent?" CEA NEWS,  California Escrow Association, May 1984; “Protect Yourself Against Late Delivery,"   SHOPPING CENTER WORLD MAGAZINE, May 1984; "The Sale Leaseback," NAIOP NEWS, National Association of Industrial and Office Parks, April 1984; "Use Restrictions in Leases - Are They Enforceable?" CEA NEWS,  California Escrow Association, April 1984; "Be Sure to Know Your Re‑Lease Obligations," SHOPPING CENTER WORLD MAGAZINE, April 1984; "Renewal Notice Must Abide by Lease Terms," CEA NEWS,  California Escrow Association, March 1984; "Continuance operation Requirements Must Be Clear in Lease," SHOPPING CENTER WORLD MAGAZINE, March 1984; “Check Out Zoning Laws Before Signing Lease," SHOPPING CENTER WORLD MAGAZINE, February 1984; “Problem Tenant May Forfeit Option to Extend," SHOPPING CENTER WORLD MAGAZINE,  January 1984; "Lessee's Options -- Are They Always Enforceable?" CEA NEWS, California Escrow Association, January 1984; "Subject to Attorney's Approval - What Does It Mean?" SHOPPING CENTER WORLD MAGAZINE, December 1983; "Option to Extend Is Usually Passed to Tenants/Assignee," SHOPPING CENTER WORLD MAGAZINE, November 1983; "Some Limitations Govern Right of First Refusal,"   SHOPPING CENTER WORLD MAGAZINE, October 1983; "Landlord May Waive Right to Written Notice," SHOPPING CENTER WORLD MAGAZINE, September 1983; Author of article concerning liability for interference with leases, CEA NEWS  California Escrow Association, September 1983; "Renewal Notice Must Abide by Lease Terms," SHOPPING CENTER WORLD MAGAZINE, July 1983; "When Is Parol Evidence Admissible?"   SHOPPING CENTER WORLD MAGAZINE, June 1983; "Third Party May Pay for Lease Interference," SHOPPING CENTER WORLD MAGAZINE, May 1983; "Bankruptcy Clauses in Leases," CEA NEWS, California Escrow Association, May 1983; "Options in Leases," SHOPPING CENTER LEGAL UPDATE,  International Council of Shopping Centers, Spring 1983; "Lease Options," SHOPPING CENTER LEGAL UPDATE, Spring 1983; "Leasing Use Restrictions:  Are They Enforceable?" SHOPPING CENTER WORLD MAGAZINE, April 1983; "Shopping Center Tenants Should Think Before Assigning Lease," SHOPPING CENTER WORLD MAGAZINE, March 1983; "Tenant Usually Holds the Upper Hand in Lease Option Deal," SHOPPING CENTER WORLD MAGAZINE, January 1983; "State Courts in Disagreement over Tenant Improvements," SHOPPING CENTER WORLD MAGAZINE, December 1982; "Bankruptcy Clauses in Leases, Remedies for Commercial and Industrial Landlords," National Association of Office & Industrial Parks Magazine, December 1982; "Must Lessor Consent to Assignments and Subleases?" SHOPPING CENTER WORLD MAGAZINE, November 1982; "Due on Sale - Where Are We?" THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION NEWSLETTER, September 1982; "Must Lessor Consent to Assignments and Subleases?" SHOPPING CENTER WORLD MAGAZINE, September 1982; "Bankruptcy Clauses and Leases - Lessor's Remedies,"  "The Round Table Newsletter," CALIFORNIA ASSOCIATION OF REALTORS, September 1982; "The Sale-Leaseback: Raising Capital Without Going Broke," FINANCIAL EXECUTIVE MAGAZINE FINANCIAL EXECUTIVE INSTITUTE, 1982; "Bankruptcy Clauses and Leases - Lessor's Remedies," LOS ANGELES DAILY COMMERCE, August 1982; "Lease Language - Landlord Needs Flexibility to Alter Parking," SHOPPING CENTER WORLD MAGAZINE, June 19, 1982; "Percentage Rent Clause Should Be Specific and Clear,"   SHOPPING CENTER WORLD MAGAZINE, May 1982; "New Bankruptcy Statute Presents a Mixed Bag for Center Owners,"   SHOPPING CENTER WORLD MAGAZINE, March 1982; "Lease Destruction and Restoration Clauses:  The Ticking Time Bomb,"   SHOPPING CENTER WORLD MAGAZINE, January 1982; "Analysis Offer and Agreement to Purchase Real Estate," THE JOURNALAMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 1979-1980 edition; "The Differences Between the American Industrial Real Estate Association Gross Lease, Net Lease and Special Net Lease," THE JOURNALAMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 1979-1980 edition; "New Liquidated Damage Rule,"  THE LOS ANGELES BOARD OF REALTORS NEWSLETTER, May, 1978; Co-author of textbook entitled "Advanced Legal Aspects of Real Estate for the California Broker," with Arthur G. Bowman, 1976; "Escrow Funding and Operation" for the Japanese Real Estate Association,1973; "The Real Estate Broker as a Fiduciary," AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION REPORTS, 1972; "Real Estate Sales Documentation,"  CEA NEWS, California Escrow Association, 1971; "Buyer and Seller Checklist For Acquiring Real Property," WESTERN REAL ESTATE NEWS & INVESTOR MAGAZINE, March 1966; "What's New in Real Estate Law?"  WESTERN REAL ESTATE NEWS, 1965.