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Who should attend Fundamentals Of A Commercial Real Estate Acquisition Transaction: From Due Diligence To Closing
This seminar is designed for attorneys, paralegals, loan officers, presidents, vice presidents, owners, closing specialists, real estate agents and brokers, business and office managers.
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Fundamentals Of A Commercial Real Estate Acquisition Transaction: From Due Diligence To Closing  

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This seminar is designed for attorneys, paralegals, loan officers, presidents, vice presidents, owners, closing specialists, real estate agents and brokers, business and office managers.

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Seminar Summary:

This seminar is designed to provide an in depth review of a commercial real estate acquisition transaction in California from the preliminary stages of procuring a Letter of Intent, through negotiating the Purchase and Sale Agreement, conducting appropriate Due Diligence, negotiating title insurance coverage and closing the transaction through escrow. (see full course description)

 
 

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Training Course Syllabus:


This seminar is designed to provide an in depth review of a commercial real estate acquisition transaction in California from the preliminary stages of procuring a Letter of Intent, through negotiating the Purchase and Sale Agreement, conducting appropriate Due Diligence, negotiating title insurance coverage and closing the transaction through escrow. The program is designed for lawyers, real estate brokers, title insurance and escrow company personnel. While the seminar will benefit those with no experience, it will be most beneficial to those who have some real estate experience.


9:00 a.m. - 12:00 p.m.

(Break 10:15 a.m. - 10:30 a.m.)

I. What Is A Letter Of Intent?

II. When Are Letters Of Intent Used In Real Property Sales Transactions?

A. Letters Of Intent Prepared Without Attorney's Assistance

B. Letters Of Intent Prepared By Attorneys

1. Factors To Consider In Using Letters Of Intent

2. Use Of Binding Or Nonbinding Provisions

III. Risks Of Using A Letter Of Intent

A. Unintended Enforceability Of Letter Of Intent

1. Objective Manifestation Of Mutual Assent

2. Determination Of Intent

B. Duty To Negotiate In Good Faith

C. Promissory Estoppel

IV. Negotiating And Drafting Letters Of Intent

A. Negotiating Considerations

B. Drafting Considerations

V. Environmental/Toxics Review

A. Retention Of Environmental Engineer/Consultant

B. Phase I Review Or Preparation

C. Phase II Review Or Preparation

VI. Lease/Contract Review

A. Rent Roll/Leases

B. Estoppel Certificates

C. Other Contracts Affecting Property

VII. Physical Inspection

A. Determine Gross/Net Acreage

B. Building Reports Review

1. Engineering Reports

2. Mechanical Reports/HVAC

C. Improvements Permitted?

D. Compliance With Existing Regulations

1. Parking Spaces

2. Uniform Building Code

3. Other Entitlements

E. Land Investigation

1. Topography

2. Soils And Geological

F. Accessibility

1. Adequate Present Or Future Access

2. Fire Access

VIII. Suitability For Future Development

A. Adequate Water?

B. Adequate Sewer?

C. Gas/Electric

D. Telephone/Cable

E. Storm Drains, Flood Control

F. Federal, State And Regional Jurisdictional Areas

1. 'Waters'

2. Listed Species

IX. Entitlements Review

A. General Plan

1. Legally Adequate?

2. Age Of General Plan

B. Zoning

C. Pre-Existing Entitlements Review

1. Expiration Date

2. Revocation Notices

D. Legal Lot Analysis

1. Number Of Legal Lots

2. Use Of Lot Line Adjustments And Certificates Of Compliance

E. CEQA Documents

F. Local Regulations

1. Impact Fee Programs

2. Infrastructure Availability

X. Conclusion

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 4:30 p.m. (Break 2:30 p.m. - 2:45 p.m.)

XI. The Purchase And Sale Agreement

A. Definition Of Property

1. Land

2. Appurtenances

3. Improvements

B. Definition Of Purchase Price

1. Purchase Price

2. Payment Of Purchase Price

3. Liquidated Damages As To The Deposit

C. Condition Of Property

1. 'AS IS' Sale

2. Buyer's Perspective: Representations And Warranties

D. Buyer's Inspection

1. Delivery Of Records

2. Inspection

3. Earthquake Compliance

E. Title To Property

1. Title To The Property

2. Approval Procedure

F. Buyer's Condition To Closing

1. Title Policy

2. Compliance By Seller

G. Seller's Conditions To Closing

1. Deposit Of Funds

2. Compliance By Buyer

H. Escrow And Closing

1. Escrow

2. Closing Date And Closing

I. Condemnation And Insurance

1. Substantial Taking Or Destruction

2. Non-Substantial Taking Or Destruction

3. Substantial Portion

J. Miscellaneous Provisions

1. Notices

2. Brokers And Finders

3. Successors And Assigns

4. Other Miscellaneous Provisions

XII. Title Insurance And Escrow Issues

A. Types Of Policies – ALTA Standard And Extended Coverage

1. 1970 vs. 1992 Forms

B. Preliminary Reports vs. Commitments

C. Requirements For Issuance Of Extended Coverage Policies

D. Endorsements – Customary, Special And Custom Created

1. What Endorsements Really Cover

2. What Cannot Be Covered By Endorsement

3. Difference In Risk Between Insurance Of Owner vs. Lender

E. Closing Requirements – Authority Issues, Affidavits, Indemnities, Gap Closings, Reconciling Multiple Sets Of Instructions

F. Function Of Escrow

1. Closing Statements – What Lenders Need To Understand About Payments Outside Of Escrow And Credits

2. Pay Off Issues

3. FIRPTA And CalFIRPTA – What Is Escrow's Responsibility?

Seminar Summary:

This seminar is designed to provide an in depth review of a commercial real estate acquisition transaction in California from the preliminary stages of procuring a Letter of Intent, through negotiating the Purchase and Sale Agreement, conducting appropriate Due Diligence, negotiating title insurance coverage and closing the transaction through escrow. (see full course description)

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