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Commercial Real Estate Legal Issues: Contracts, Due Diligence and More

presented by NBI, Inc.
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Commercial Real Estate Legal Issues: Contracts, Due Diligence and More

Workshop Description/Agenda

Build a Foundation for a Successful Practice

Commercial real estate matters can quickly get complex. It takes confidence and specialized knowledge to help your clients deal with the myriad legal issues that may arise. This program will show you how to help clients navigate the legal aspects of their commercial real estate endeavors. From purchases and sales to leasing and evictions, protect clients' businesses and help them achieve their objectives - register today!

  • Get practical insights on structuring the language of purchase and sale agreements.
  • Look at commercial real estate loan documentation from borrower and lender perspectives.
  • Use a master checklist to ensure nothing goes overlooked during the due diligence process.
  • Prevent delays, document problems and authority issues from impeding closings.
  • Identify potential lease issues before clients sign on that dotted line.
  • Protect your client's rights in the event of eviction, foreclosure or bankruptcy.


11:00 am to 6:00 pm Eastern Standard Time

  1. Commercial Real Estate Purchase and Sale Agreements
    11:00 - 11:45, Steven J. Vatndal
    1. Letters of Intent - Binding and Non-Binding
    2. Identifying Parties, Property and Terms of Sale
    3. Contingencies
    4. Due Diligence
    5. Reps, Warranties and Indemnities
    6. Closing Conditions
    7. Default and Termination
    8. Terms to Survive Closing
    9. Other Provisions
    10. Tax-Saving Strategies: Structuring the Agreement Advantageously
  2. Commercial Real Estate Financing and Loan Documentation
    11:45 - 12:15, Michelle M. Suter
    1. Financing Options
    2. Loan Documentation: Borrower vs. Lender Perspectives
    3. Personal Guarantees
    4. Provisions You Can - and Should - Negotiate
  3. Due Diligence in Commercial Real Estate Transactions
    12:30 - 1:30, Michelle M. Suter
    1. Preliminary Considerations and Master Checklist
    2. Title Due Diligence
    3. Title Insurance and Commercial Endorsements
    4. Plat and Legal Descriptions
    5. Restrictions, Covenants, Easements, etc.
    6. Leases and Other Contracts
    7. Confirmation of Reps and Warranties
    8. Environmental Site Assessments
    9. Zoning Due Diligence
  4. Closing Commercial Real Estate Transactions
    1:30 - 2:00, Jon S. Robins
    1. Dealing with Delays by Third Parties
    2. Closing Checklist
    3. Documentation
    4. Authority Issues - Legal Entities as Buyers and Sellers
    5. Final Closing Process
    6. Post-Closing Procedures
  5. Negotiating Commercial Real Estate Leases
    2:30 - 3:30, Steven J. Vatndal
    1. Laying Out the Parties, Premises, Term, Rent, etc.
    2. Renewals and Rent Escalation Clauses
    3. Common Areas and Utilities
    4. Use and Exclusive Use
    5. Maintenance and Repairs
    6. Improvement and Alterations
    7. Indemnity and Insurance
    8. Assignments and Subletting
    9. Subordination, Non-Disturbance and Attornment Agreements (SNDAs)
    10. Default Remedies and Other Key Provisions
    11. Sample Lease and Ancillary Documents
  6. Commercial Evictions 101
    3:30 - 4:00, Barry I. Mortge
    1. Commercial Eviction Process
    2. Collection of Unpaid Rent
    3. Disposition of Tenant's Equipment and Personal Property
  7. Foreclosure and Bankruptcy - The Basics You Must Know
    4:15 - 5:00, Michelle M. Suter
    1. Commercial Foreclosure Process
    2. Sales of Foreclosed Commercial Properties
    3. Pre-and Post-Foreclosure Title Issues
    4. Impact of Bankruptcy on Contracts, Loans and Leases
    5. Sales of Commercial Property in Bankruptcy
  8. Legal Ethics
    5:00 - 6:00, Barry I. Mortge
    1. Competence
    2. Safekeeping Property
    3. Conflicts of Interest - Current Clients
    4. Duties to Former Clients
    5. Unauthorized Practice of Law - Multi-State Practice and More

Who Should Attend

This course is designed for attorneys. Real estate professionals, title agents and underwriters, lenders and paralegals may also benefit from attending.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Real Estate Law

Training Course Summary: Commercial Real Estate Legal Issues: Contracts, Due Diligence and More