This seminar will provide the attendees information regarding the current state of laws affecting the purchase/sale, leasing and development of real estate. Learn the fundamentals of real estate law and how any recent changes to real estate law will change the approach to real estate transactions.
- Landlord and tenant
- Condominium law
- Introduction to zoning and land use law
- Zoning enforcement issues
- 1031 tax deferred exchanges - forward and reverse
- The attendee will be able to discuss the Uniform Residential Landlord and Tenant Act.
- The attendee will be able to identify the eviction process.
- The attendee will be able to review the Dillon's Rule of Local Governments.
9:00 a.m. - 9:15 a.m.
9:15 a.m. - 10:15 a.m.
II. Landlord And Tenant
A. Overview Of General Commercial And Residential Lease Issues
1. Lease Provisions Of Particular Significance And Drafting Tips
2. The Uniform Residential Landlord And Tenant Act
a. To What Areas It Applies
b. Jurisdiction Of Courts
c. Exculpatory Clauses Forbidden
d. Changes In The Landlord And Tenant Relationship Brought About By URLTA
e. Security Deposit
f. Termination Procedures
g. Miscellaneous Provisions Of Significance
3. Statutory And Common Law Provisions Of Significance To The L & T Relationship
4. Statute Of Frauds
5. Recording Requirements
6. Risk Of Loss
7. Right Of Termination
8. Owner's Liability For Mechanics' Lien For Work On Leasehold Premises
9. The Covenant Of Quiet Enjoyment
10. Implication Of Covenant Of Continuous Occupancy In Commercial Leases
11. Subletting And Assignment
12. Respective Duties Regarding Repairs, Replacement
13. Eviction Procedure
iv. Payment Of Rent Into Registry Of Court
v. Trial And Trial Preparation
ii. Notice And Restatement
iii. Detainer Procedures
v. Legal Issues - Including Tenant Defenses
B. Recent Changes In The Law
1. New Statutes
2. Recent Decisions
C. Ethical Consideration
1. In Representing Landlords
2. In Representing Tenants
10:15 a.m. - 10:30 a.m.
III. Condominium Law
A. The Statutory Requirements
C. Organizational Requirements And Alternatives
D. Drafting The Organizational Documents
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:15 a.m.
III. Condominium Law (Continued)
E. Enforcement Of The Documents
11:15 a.m. - 11:45 a.m.
IV. Introduction To Zoning And Land Use Law
A. Statutory Basis Of Zoning And Planning
1. Dillon's Rule Of Local Governments
2. Public And Private Legislation
B. Special Provisions
C. Internet Resources
11:45 a.m. - 12:30 p.m.
V. Zoning Enforcement Issues
B. Vested Rights And Estoppel
C. Intergovernmental Immunity
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:15 p.m.
VI. Judicial Update
Statewide cases from the past year affecting real estate transactions and real estate development.
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 4:00 p.m.
VII. 1031 Tax Deferred Exchanges – Forward
A. History Of 1031 Tax Deferred Exchanges
B. Basics Of Traditional 1031 Tax Deferred Exchanges
C. Reverse 1031 Tax Deferred Exchanges
4:00 p.m. - 4:30 p.m.
VIII. Questions And Answers