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Who should attend Negotiating Commercial Real Estate Acquisitions And Leasing Transactions
This one-day seminar is designed for attorneys, property managers, presidents, vice presidents, real estate owners and brokers, lending professionals, landlords, real estate agents and accountants.
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Negotiating Commercial Real Estate Acquisitions And Leasing Transactions  

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This one-day seminar is designed for attorneys, property managers, presidents, vice presidents, real estate owners and brokers, lending professionals, landlords, real estate agents and accountants.

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Seminar Summary:

The objective of this course will be to instruct attendees concerning current issues involved in negotiating commercial real property purchases, sales and leases. (see full course description)

 
 

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Training Course Syllabus:


The objective of this course will be to instruct attendees concerning current issues involved in negotiating commercial real property purchases, sales and leases. The instructors will highlight common legal issues that real estate professionals must confront when negotiating real estate purchases and sales, and provide explanations of how to approach negotiating these concepts from both a seller's and purchaser's perspective. The instructors will approach the subject of negotiating leases in a similar way, offering negotiating perspectives and strategies for both tenants and landlords. Although the general format of the course will be instructional, the format of the course will be 'open,' and attendees will be encouraged to ask the instructors questions and pose hypothetical situations for in-depth discussions. The instructors will also analyze portions of an annotated lease agreement with alternate tenant-friendly and landlord-friendly legal provisions.

Seminar highlights:

  • Learn about some common legal issues involved in Texas commercial real estate transactions
  • Obtain an understanding of how one party's bankruptcy may affect a real estate transaction
  • Analyze a commercial lease in detail to develop knowledge of various legal and practical issues involved in Texas commercial leasing
  • Discuss strategies for negotiating commercial leases

8:30 a.m. - 10:50 a.m.

I. Commercial Real Estate Purchase And Sale Transactions

A. Four Important Issues In Commercial Real Estate Purchase And Sale Transactions

1. 'AS IS, WHERE IS'

2. Representations And Warranties

3. Internal Revenue Code Section 1031 – Basic Overview And Traps For The Unwary

4. Title Company Closing Instruction Letters And Insured Closing Letters

B. Five Common Mistakes In Commercial Real Estate Purchase And Sale Transactions

1. Letters Of Intent – Binding vs. Nonbinding Agreements

2. Proration Issues

a. Lump-Sum Contract Payments

b. Underlying Tenant Finish- Out Costs

c. Underlying Leasing Commissions

3. Inspection Period, Objection To Title, And Survey Date Coordination

4. Survey Requirements – Specificity Of Certification Language

5. General Warranty Deed vs. Special Warranty Deed

10:50 a.m. - 11:00 a.m.

Break

11:00 a.m. - 12:00 p.m.

II. Bankruptcy Issues Involved In Commercial Real Estate Transactions

A. Buying Real Estate From A Bankruptcy Estate

B. Bankruptcy-Specific Provisions For Commercial Real Estate Leases

1. Perfection Of Contractual Liens – 11 U.S.C. Section 544 Issues

2. Ipso Facto Clauses Not Enforceable – 11 U.S.C. Section 365

3. Tax Claim Issues – 11 U.S.C. Section 502 Limitations

4. Statutory Landlord's Liens Ineffective – 11 U.S.C. Section 544

C. Bankruptcy Effects Of Using A Letter Of Credit As A Security Deposit For A Commercial Tenancy

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. - 2:40 p.m.)

III. Commercial Real Estate Leases

A. Basic Business Terms

1. Defining The Premises, Land, And Building

2. Lease Term

3. Rent

4. Security Deposits

5. Permitted Use

6. Lease Grant And Covenant Of Quiet Enjoyment

7. Holding Over

8. Guarantees

9. Parking

B. Improving And Maintaining The Premises

1. Landlord's Obligations

2. Landlord's Inspection Rights

3. Tenant's Obligations

C. Assignment And Subletting

D. Subordination, Liens And Nondisturbance

1. Landlord's Lien And Security Interest And Subordination To Tenant's Lender

2. Tenant's Subordination To Landlord's Lender And Nondisturbance Agreement

3. Mechanics' And Materialmens' Liens

E. Indemnities And Insurance

1. Indemnity Provisions

2. Environmental Matters

3. Insurance Provisions

a. Required Insurance

b. Waivers And Subrogation

F. Casualties And Condemnations

1. Fire And Other Casualties

2. Condemnation

G. Default And Remedies

1. Events Of Default By Tenant

2. Landlord's Remedies On Tenant's Default

3. Landlord's Default And Tenant's Remedies

H. Miscellaneous Lease Provisions

1. Miscellaneous Landlord Provisions

a. Forced Tenant Relocation

b. Rules And Regulations

c. Rights Reserved To The Landlord

d. Notice To Landlord's Lender

e. As-Is, Where-Is Language

2. Miscellaneous Tenant Provisions

a. Renewal Rights

b. Purchase Option

3. Other Miscellaneous Provisions

a. Notice Provisions

b. Force Majeure

Seminar Summary:

The objective of this course will be to instruct attendees concerning current issues involved in negotiating commercial real property purchases, sales and leases. (see full course description)

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