Carve Out an Advantageous Deal and Give Clients Peace of Mind
Getting the most out of a real estate deal requires strong negotiating techniques and a thorough understanding of the property in question. Do you have your clients covered? This program will teach you how to conduct a comprehensive due diligence investigation and negotiate key agreements in your client's favor. Confidently navigate the road to closing - register today!
- Negotiate personal property, reps, warranties and other key provisions of the purchase and sale agreement.
- Ensure the scope of due diligence and contingencies work in your client's favor.
- Discover how to effectively negotiate key sticking points of loan documents.
- Uncover potential issues on the title commitment, legal descriptions and land surveys.
- Learn how to fix title issues and ensure clients are properly covered by title insurance.
All times are shown in Eastern time
- Purchase and Sale Agreements - Negotiating Key Provisions
11:00 - 11:45, Keith A. Gantenbein Jr.
- Negotiating Tips and Techniques for Real Estate Attorneys
- Key Provisions: Buyer's vs. Seller's Perspective
- The Scope of Conveyances (Fixtures, Personal Property, etc.)
- Time Periods
- Reps, Warranties and Indemnities
- Negotiating Other Key Provisions
- Working Out the Scope of Due Diligence and Contingencies
11:45 - 12:30, Keith A. Gantenbein Jr.
- Formulating and Negotiating the Scope of Due Diligence
- Sample Due Diligence Checklist
- Financing Contingency
- Inspection Contingency Clauses
- Clear and Marketable Title Clauses
- Zoning and Land Use Contingency Clauses
- Environmental Conditions Contingency
- Rental History Due Diligence
- Negotiating Contingency Deadlines
- Approval of Seller Disclosure Documents
- Negotiating Loan Documents or Seller Financing
12:45 - 1:30, Katherine L. Taylor
- Financing Options: Making the Proper Choice
- Key Provisions: Borrower vs. Lender Perspectives
- Reviewing the Commitment Letter
- Negotiating Financial Elements
- Recourse and Guarantees
- Negotiating Business and Legal Provisions
- Reviewing Land Surveys and Legal Descriptions
1:30 - 2:00, Katherine L. Taylor
- Standards and Requirements You Must Know
- Locating Easements and Servitudes
- Evaluating Access or Lack Thereof
- Spotting Encroachments
- Finding Evidence of Use by Other
- Identifying Violations of Zoning and Setback Requirements
- Uncovering Inconsistencies Between Land Surveys and Legal Descriptions
- Conducting Title Due Diligence and Negotiating Title Insurance Endorsements
2:30 - 3:30, John Collen
- Reviewing the Title Commitment
- Determining the Best Way to Deal with Exceptions
- Living with an Exception
- Title Indemnities
- Curing the Title Issue
- Initiating Quiet Title Actions
- How to Cure Specific Exceptions
- Liens and Mortgages
- Negotiating Title Insurance Endorsements
- The Top Endorsements Policy Holders Get
- Using Endorsements to Delete or Modify Exceptions
- Providing Additional Documentation That Proves the Need for Endorsements
- Negotiating Costs for Endorsements
- Reviewing Endorsement Language to Ensure Coverage is Adequate
- Confirming Reps and Warranties and Evaluating Environmental Risks
3:30 - 4:15, Katherine L. Taylor
- Confirming the Lawful Status and Correct Name of Seller
- Unconditional Occupancy Permits for Property Improvements
- Ensuring Payment of Taxes and Assessments
- Examining Service Contracts
- Assessing the Physical Condition of Property
- Anticipating Environmental Liability Risks - CERCLA, TORT, etc.
- Phase I, II and III Environmental Site Assessments
- Managing the Results of Testing - Receipt, Review and Reporting
- Renegotiating, Amending or Terminating the Deal After Due Diligence is Complete
4:30 - 5:00, John Collen
- Ethical Considerations
5:00 - 6:00, John Collen
- Conflicts of Interest
- Duties of Competence and Diligence
- Disclosure of Defects in Property
- Attorneys' Fees
This program is designed for attorneys. Real estate professionals, title agents, banking professionals and paralegals may also find it useful.