Contracts

In New York, a 'letter of intent' (LOI) in a commercial real estate transaction:

AIs always legally binding on both parties
BIs typically non-binding, expressing the parties' intent to negotiate a formal contract, but may contain binding provisions (such as exclusivity and confidentiality clauses)✓ Correct
CConstitutes a fully enforceable purchase contract under the Statute of Frauds
DMust be approved by the DOS before a formal contract can be signed

Explanation

A letter of intent in New York commercial real estate is typically a non-binding document expressing the parties' basic agreement on principal terms and their intent to negotiate a formal binding contract. However, LOIs often contain specific binding provisions (exclusivity periods, confidentiality, expense reimbursement). Courts analyze the language carefully to determine which provisions are binding.

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