Your Comprehensive Guide to Commercial Real Estate Transactions
Build a solid foundation for a successful commercial real estate practice! Our experienced faculty will provide you with a thorough understanding of commercial real estate transaction procedures and considerations from start to finish. From contract and lease negotiation to land surveys and closing best practices, come away with practical knowledge and solutions you need to guarantee a smooth transaction and effectively thwart nasty surprises that overwhelm the unprepared. Register today!
- Learn purchase agreement negotiation strategies that will mitigate the potential for legal troubles down the road.
- Effectively create and enforce easements that ensure the commercial viability of your client's property.
- Gain tips on how to negotiate and draft key lease provisions for a variety of commercial properties.
- Receive a practical walkthrough of commercial real estate closings so you can navigate them with confidence.
- Critically analyze surveys and legal descriptions for legal sufficiency and spot contradictions and errors.
- Drafting and Negotiating Purchase and Sale Agreements (with Sample Language)
9:00 - 9:50, Richard G. Rasmussen
- Confidentiality/Non-Disclosure Agreements
- Letters of Intent - What They Must Include
- Identifying Parties, Property and Terms of Sale
- Financial Terms: Price, Cost Allocation, Deposits, etc.
- Built-in Extensions for Feasibility or Entitlements
- Closing Conditions - Ensuring a Smooth Closing
- Representations and Warranties - Key Negotiation Tactics
- Buyer Inspection Rights; Due Diligence
- Remedies and Liability
- Tax-Saving Strategies: Structuring the Agreement Advantageously
- Land Surveys and Legal Descriptions in Commercial Real Estate Transactions
9:50 - 10:40, Michael Johnson
- Types/Uses of Surveys, Descriptions and Plats
- Evaluating the Legal Sufficiency of Descriptions and Plats
- What to Look for When Cross-Reading Documents
- Resolving Top Issues: Conflicting Descriptions, Typographical Errors, etc.
- Resolving Easement/Other Servitude Issues in the Commercial Context
10:55 - 11:45, Michael Johnson
- Easements, Covenants, Leases and Licenses: Top Misconceptions Clarified
- Creating and Enforcing Easements
- CC&Rs and Development Agreements
- Commercial Leases - Negotiating Key Provisions for Different Types of Property (Retail, Restaurant, Office, Industrial, etc.)
12:45 - 1:35, Janice L. Miller
- Due Diligence with Respect to Leased Properties
- Term and Renewal Options
- Rent Structures
- Liability, Indemnification and Insurance
- Exclusive Use
- Landlord's Representations and Warranties
- Utilities, CAM Charges, Maintenance, Repair, etc.
- Build-Out Provisions and Other Facility Issues
- Default Remedies and Other Key Provisions
- Negotiating Estoppel Provisions and Subordination, Non-Disturbance and Attornment Agreements (SNDAs)
- What Happens to Leases, Loans and Contracts if a Party Goes Bankrupt
1:35 - 2:25, Haleh C. Naimi
- Closing Commercial Real Estate Transactions
2:40 - 3:30, Abe G. Salen
- Pre-Closing Essentials - Closing Checklists and More
- Corporate Aspects of Commercial Closings
- What to Expect on Closing Day
- Avoiding "Deal Breaker" Surprises
- Resolving Common Issues Between Key Parties
- Pre-Closing and Post-Closing Possession
- Closing Best Practices, Do's and Don'ts
- Post-Closing Duties
- Legal Ethics
3:30 - 4:30, Benjamin Berger
- Conflict of Interest
- Disclosure Requirements
- Attorney Fees
- Multiple Representations During Transactions
- Ethical Issues in Negotiations
- Ethical Considerations During Closing