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Real Estate Transaction Due Diligence and Negotiations

presented by NBI, Inc.
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Real Estate Transaction Due Diligence and Negotiations

Workshop Description/Agenda

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

  1. Purchase and Sale Agreements - Negotiating Key Provisions
    11:00 - 11:45, Keith A. Gantenbein Jr.
    1. Negotiating Tips and Techniques for Real Estate Attorneys
    2. Key Provisions: Buyer's vs. Seller's Perspective
    3. The Scope of Conveyances (Fixtures, Personal Property, etc.)
    4. Time Periods
    5. Reps, Warranties and Indemnities
    6. Negotiating Other Key Provisions
  2. Working Out the Scope of Due Diligence and Contingencies
    11:45 - 12:30, Keith A. Gantenbein Jr.
    1. Formulating and Negotiating the Scope of Due Diligence
    2. Sample Due Diligence Checklist
    3. Financing Contingency
    4. Inspection Contingency Clauses
    5. Clear and Marketable Title Clauses
    6. Zoning and Land Use Contingency Clauses
    7. Environmental Conditions Contingency
    8. Rental History Due Diligence
    9. Negotiating Contingency Deadlines
    10. Approval of Seller Disclosure Documents
  3. Negotiating Loan Documents or Seller Financing
    12:45 - 1:30, Katherine L. Taylor
    1. Financing Options: Making the Proper Choice
    2. Key Provisions: Borrower vs. Lender Perspectives
    3. Reviewing the Commitment Letter
    4. Negotiating Financial Elements
    5. Recourse and Guarantees
    6. Negotiating Business and Legal Provisions
  4. Reviewing Land Surveys and Legal Descriptions
    1:30 - 2:00, Katherine L. Taylor
    1. Standards and Requirements You Must Know
    2. Locating Easements and Servitudes
    3. Evaluating Access or Lack Thereof
    4. Spotting Encroachments
    5. Finding Evidence of Use by Other
    6. Identifying Violations of Zoning and Setback Requirements
    7. Uncovering Inconsistencies Between Land Surveys and Legal Descriptions
  5. Conducting Title Due Diligence and Negotiating Title Insurance Endorsements
    2:30 - 3:30, John Collen
    1. Reviewing the Title Commitment
    2. Determining the Best Way to Deal with Exceptions
      1. Living with an Exception
      2. Waivers
      3. Title Indemnities
      4. Endorsements
      5. Curing the Title Issue
      6. Initiating Quiet Title Actions
    3. How to Cure Specific Exceptions
      1. Liens and Mortgages
      2. Easements
      3. Encroachments
    4. Negotiating Title Insurance Endorsements
      1. The Top Endorsements Policy Holders Get
      2. Using Endorsements to Delete or Modify Exceptions
      3. Providing Additional Documentation That Proves the Need for Endorsements
      4. Negotiating Costs for Endorsements
      5. Reviewing Endorsement Language to Ensure Coverage is Adequate
  6. Confirming Reps and Warranties and Evaluating Environmental Risks
    3:30 - 4:15, Katherine L. Taylor
    1. Confirming the Lawful Status and Correct Name of Seller
    2. Unconditional Occupancy Permits for Property Improvements
    3. Ensuring Payment of Taxes and Assessments
    4. Examining Service Contracts
    5. Assessing the Physical Condition of Property
    6. Anticipating Environmental Liability Risks - CERCLA, TORT, etc.
    7. Phase I, II and III Environmental Site Assessments
    8. Managing the Results of Testing - Receipt, Review and Reporting
  7. Renegotiating, Amending or Terminating the Deal After Due Diligence is Complete
    4:30 - 5:00, John Collen
  8. Ethical Considerations
    5:00 - 6:00, John Collen
    1. Conflicts of Interest
    2. Duties of Competence and Diligence
    3. Disclosure of Defects in Property
    4. Attorneys' Fees

Who Should Attend

This program is designed for attorneys. Real estate professionals, title agents, banking professionals and paralegals may also find it useful.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Real Estate Law

Training Course Summary: Real Estate Transaction Due Diligence and Negotiations

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