This seminar is designed for real estate professionals, agents, brokers, developers, engineers, zoning board members and attorneys.
The purchase of commercial real estate presents challenging issues for all parties involved in the transaction. Environmental, property title, property redevelopment, zoning and land use, site planning, seller and borrower, and property revenue issues must all be appropriately addressed. Participants in this course will learn how to more effectively handle these challenges on a regular basis and avoid common problems associated with these issues through a better understanding of the due diligence process. Participants will also gain helpful insights into solving problems that do occur.
9:00 a.m. - 9:15 a.m.
9:15 a.m. - 10:30 a.m.
II. Environmental Considerations
A. Getting Past The 800 lb. Gorilla In Commercial Transactions
1. Liability Framework For Transactional Due Diligence
2. New CERCLA Liability Defenses
3. EPAís Rulemaking re ASTM Phase I, II Standards
4. ISO 14015
5. Transfer Acts And Release Reporting
B. Technical Approaches For Designing Due Diligence
1. ASTM Phase I And II
2. Update On Geotechnical Tools For Due Diligence
3. Benefits/Limitations Of Information Databases
4. Remedial Options
5. Technical Concerns (Lead, Asbestos, Radon, Mold)
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
III. Seller And Borrower Issues
A. Searches: UCC, Litigation, And Bankruptcy
B. Opinion Letters
D. Prior Loan Documentation
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Property Title
A. Land Title Survey
B. Legal Descriptions
C. Title Insurance Policies
2:00 p.m. - 2:15 p.m.
2:15 p.m. - 3:15 p.m.
V. Site Planning And Zoning And Land Use
A. Access And Utilities
B. Zoning Letters
C. Non-Conforming Uses
D. Other Issues
E. Property Redevelopment
3:15 p.m. - 4:30 p.m.
VI. Property Revenue
A. Overview Of Leases
B. Service Contracts
C. Ground Leases