Training Course Syllabus:

Real Estate Development: A Legal Primer

Facilitate Cohesive, Efficient and Compliant Real Estate Development Projects
With the real estate market finally showing signs of recovery, it won’t be long before advising on real estate development becomes a major part of your practice again. Are you prepared to give your clients the latest information about the current rules and regulations, tax opportunities, and contract negotiating tactics to facilitate their next project? This fact-packed course will give you the knowledge to ensure your clients’ development projects stay on track. Register today!

• Walk through the key steps of a real estate development project and the legal tasks associated with each.
• Get the project off on the right foot through due diligence and developing a comprehensive plan.
• Choose the right business structure and help clients secure financing.
• Learn how legal ethics canons apply to the real estate development practice.
• Draft enforceable design and construction contracts.
• Effectively advise clients on property disposition.

1. Key Elements of a Comprehensive Development Plan
   9:00 - 10:00, Charles G. Renner
1. Assessing Economic Feasibility (IRR and Due Diligence) - The Client's Role in the Deal
2. Risk Management and Insurance Considerations
3. Environmental Due Diligence
4. Purchase and Sale Agreements for Land - Development Considerations
5. Joint Development Agreements: the Public/Private Partnership
6. Taxation of Incentives: State and Federal
7. Re-Development and “Gentrification” Projects: Converting Distressed Real Estate Developments
8. The Use of Corporate Entities for Real Estate Development
2. Local Government Land Use Regulatory Authority
   10:15 - 11:30, James M. Kaup
1. Comprehensive Plan
   1. What is Planning, What is the Plan, and What are the Purposes for it?
   2. The Planning Process and the Product it Produces
   3. Legal Significance of the Plan
2. Zoning
   1. Authority of Cities and Counties to Zone
   2. Zoning Regulations
   3. Zoning Maps and Map Amendments (Rezonings)
   4. Conditional and Special use Permits
   5. Nonconforming uses, Structures and Lots
   6. Vesting of Development Rights
   7. Boards of Zoning Appeals, Authority and Procedures
3. Zoning Jurisdiction
   1. City vs. County Jurisdiction, and Problems on the Fringe
   2. Extraterritorial Authority of Cities
   3. City-County Interlocal Agreements
3. Financing Options
   11:30 - 12:30, Jaclyn Maloney
1. Private Placements and Securities Law Issues
2. Equity Investors
3. Creating Public-Private Partnerships
4. Public Financing
5. Government Incentives and Subsidies
6. Tax Credits
7. Dealing with Past and Current Bankruptcies and Foreclosures
4. Legal Ethics in Real Estate Development Practice
   1:30 - 2:30, Roberta L. Wilkes
1. How Rules of Professional Conduct Apply to Specific Development Issues
2. Conflicts of Interest
3. Protecting Confidentiality
4. When do the Obligations Tied to a Development End?
5. Can Clients Sue for Legal Malpractice Over Decline in Property Value?
5. Architect and Construction Contracts and Liens
   2:45 - 3:45, Kathryn R. Persley
1. Roles of the Parties
2. Forms (AIA and Other)
3. Who Has a Lien During the Development Process?
4. Attachment to the Property
5. Priority of Liens and Deeds of Trust
6. Draw Requirements of Lenders and Title Insurers
7. Assignment of Contracts as Collateral for Loans
8. Builder Contracts
9. Unforeseen Site Conditions
6. Sale and Lease of Property: Before and After it is Finished
   3:45 - 4:30, Jerome E. Murphy
1. Property Descriptions
2. Due Diligence
3. Buyer Contingencies
4. Special Considerations in Multi-Family Residential Property and Common Interest Communities
5. Sample Purchase and Sale Agreement Review
6. Lease Contracts - Key Provisions

Seminar Summary:

This fact-packed course will give you the knowledge to ensure your clients development projects stay on track. (see full course description)

print this agenda