Do you know how to confidently navigate through commercial property transactions – dotting all your i's, handling issues that arise, and using proactive strategies to prevent future disputes? This essential briefing will give you the fundamental tools you need to handle each step of the transaction. Don't miss this opportunity to get the latest information and techniques to ensure a smooth real estate deal. Order today!

1. Recent Developments and Legislative Update
2. Title Insurance and Survey Review: What You Need to Know
3. Step-by-Step Through the Purchase Contract
4. Ethical Challenges in Real Estate
5. Financing Commercial Property Acquisitions
6. The Closing
7. Post-Closing Procedures

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. Recent Developments and Legislative Update
   8:30 - 9:10, Thomas J. McDonald
2. Title Insurance and Survey Review: What You Need to Know
   9:10 - 10:15, Lance S. Davidson
   1. The Title Commitment
   2. Requests and Revisions to Consider
   3. Survey Review: Why and What to Look For (Zoning, Setbacks, Easements, Right-of-Way Issues, Etc.)
   4. Beneficial and Burdensome Easements
   5. Determining the Best Course of Action When Dealing With Title Defects and Encumbrances
   6. The Title Policy and Endorsements
3. Step-by-Step Through the Purchase Contract
   10:30 - 11:45, Scott Stein
   1. Initial Considerations, Due Diligence Responsibilities and Disclosure Obligations on Commercial Real Estate Transactions
   2. Reviewing Pre-Negotiated Terms and Conditions
   3. Essential Elements of the Contract
      1. Parties Such as Business Entities and Trusts
      2. Granting Clause
      3. Legal Description of Property: Avoiding Pitfalls
      4. Purchase Price
      5. Real Estate Tax Proration
      6. Earnest Money Escrow
      7. Representations and Warranties
      8. Contingencies/Closing Preconditions
      9. Indemnity Provisions
      10. Environmental Provisions
      11. Default and Remedies
      12. Other Miscellaneous Provisions
4. Ethical Challenges in Real Estate
   12:45 - 1:45, David E. Shein
1. Attorneys' Fees Disputes
2. Who is Your Client?
3. Conflicts of Interest
4. Liability During Closing and Post-Closing Procedures
5. Disclosure of Defects
6. Duty to Report Unethical Conduct/Fraud
5. Financing Commercial Property Acquisitions
   1:45 - 2:30, Gary R. Zwillinger
   1. Standard Loan Documents
   2. Security Agreements
   3. Assignments of Leases and Rents
   4. Additional Guarantees
   5. Cross Collateralization
   6. Drafting Resolutions to Address Authority Issues
6. The Closing
   2:45 - 3:45, Brett Hopper and Stephen E. Traverse
   1. Closing Checklist
   2. Closing Documents and Procedures: A Walk-Through
      1. Types of Deeds
      2. Closing Statement
      3. Other Forms
   3. Types of Closings: Escrow and Roundtable
   4. What to Do When Good Closings Go Bad
7. Post-Closing Procedures
   3:45 - 4:40, Brett Hopper and Stephen E. Traverse
   1. Disbursement of Funds and Escrow Items
   2. Preparing the Closing Package to Send Back to the Lender
   3. Recorded Documents From the Recorder
   4. Policy Preparation
   5. Release of Liens and Encumbrances

LANCE S. DAVIDSON is a real estate and business lawyer with the Lance S. Davidson, P.C. in Scottsdale. He earned his undergraduate degree from Stanford University and his J.D. degree from Vanderbilt School of Law. Mr. Davidson has been practicing for more than 25 years, mainly providing legal and counseling services to builders, developers, syndicators, small- and mid-sized businesses, and investors. He has published legal articles for law review and trade journals, and is licensed to practice law in Arizona, California and Oregon.

BRETT HOPPER is an attorney with Thomas Title & Escrow. Prior to joining Thomas Title & Escrow, Mr. Hopper served as vice president of Residential Development and Investment for Trammell Crow Company, investing in residential projects throughout metropolitan Phoenix. He began his distinguished real estate career as an attorney for two of Arizona's largest firms, representing investors, developers, homebuilders and lenders involved in the acquisition, development, sale and financing of commercial and residential projects. After practicing law, Mr. Hopper served as vice president of land acquisition for D.R. Horton, one of the largest homebuilders in the country. His responsibilities included land acquisition and entitlement of all projects for the company. He earned his B.S. degree, cum laude and university honors, from Marriott School of Management and his J.D. degree, cum laude, from J. Reuben Clark Law School, Brigham Young University.

THOMAS J. McDONALD is a transactions lawyer at the law firm of Gammage & Burnham P.L.C. Mr. McDonald focuses his practice in the fields of real estate, construction, and corporate and commercial transactions. With regard to real estate, Mr. McDonald represents builders, developers, investors, owners, infrastructure groups, lenders, country clubs, solar and wind companies, and others. His practice encompasses the acquisition, development, financing, lease and sale of residential, commercial, office, industrial, and agricultural properties throughout Arizona. Mr. McDonald also has significant experience with public/private transactions, development and other land use agreements, improvement and other districts, water issues and agreements, and utility issues and agreements. He was a contributing editor for the first edition of the Arizona Commercial Real Estate Transactions Practice Manual published by the State Bar of Arizona, and is a co-author of Arizona Corporate Practice published by Thomson Reuters. His memberships include the American and Maricopa County bar associations, the State Bar of Arizona, Valley Partnership (member, Legislative Committee), Home Builders Association of Central Arizona, ASU Alliance for Construction Excellence - Public Private Partnerships (2008-2011) and Policy Committee Chair (2010-2011), and the Greater Phoenix Economic Council - Community Building Consortium (2010-2011). Mr. McDonald is a certified real estate specialist by the State Bar of Arizona. He has been named to The Best Lawyers in America, Real Estate (2003-2011); Southwest Super Lawyers, Real Estate Law (2007-2011); and Arizona's Finest Lawyers (2011). Mr. McDonald earned his B.B.A. degree with high distinction from the University of Michigan and his J.D. degree, cum laude, from the University of Michigan.

DAVID E. SHEIN is a founding member at the Scottsdale law office of Chester & Shein, P.C. His areas of practice include real estate acquisition and development, real estate financing, commercial leasing, mergers and acquisitions, entity formation, and business and tax planning. Mr. Shein is a certified specialist in real estate law by the Arizona Board of Legal Specialization. He is a published author and speaks regularly before industry and professional groups on matters relating to real estate development, financing and strategic business planning. Mr. Shein earned his B.S. degree, with honors, from the University of Arizona and his J.D. degree, cum laude, from Arizona State University. He is a member of the State Bar of Arizona, the State Bar of Arizona - Board of Legal Specialization, the American Bar Association, Judge Pro Tem of the Maricopa County Superior Court and the Men's Art Council at the Phoenix Art Museum.

SCOTT STEIN is a real estate transactional attorney and focuses his practice on sales, leasing and development, and the related real estate financing and corporate structuring. Mr. Stein provides distinct legal counsel and solutions and never loses sight of the big picture or overlooks even the smallest of details. He is a deal maker, not a deal breaker and is recognized as being adept at finding creative solutions to getting deals done while preserving their sound legal framework. Mr. Stein regularly speaks to various community commercial real estate groups and has been published in numerous trade magazines and periodicals. He was named as one of the Top People to Know in Commercial Real Estate, by AZRE (Arizona Commercial Real Estate) magazine in 2009. Mr. Stein is a member of the State Bar of Arizona, the Real Estate Law Section of the State Bar of Arizona and the Scottsdale Bar Association. He also volunteers his time to a number of community organizations, including the State Bar of Arizona Volunteer Lawyers Program, offering pro bono assistance in a variety of matters.

STEPHEN E. TRAVERSE is a partner in the Phoenix office of the Cleveland-based law firm of Buckley King LPA. Mr. Traverse chairs the firm's real estate practice group and is a member of the firm's corporate and transactions practice group. He is a certified specialist in real estate law by the Board of Legal Specialization of the State Bar of Arizona. Mr. Traverse's practice focuses on commercial real estate and financial services, including sales and acquisitions, leases, sales and leasebacks, real and personal property secured loans, debtor-creditor relations, and entity formations. Since moving from California to Arizona in 1999, he has closed more than $1 billion in real property secured loans. Mr. Traverse is admitted to practice in Arizona and California. He serves on the Board of Directors of Scottsdale Musical Arts. Mr. Traverse has been a member of the Arizona State Bar's Corporate, Banking and Business Law Section Subcommittee on Rendering Legal Opinions in Business Transactions, and has spoken at numerous seminars on topics for institutional lenders, corporate officers and lawyers.

GARY R. ZWILLINGER is a shareholder in the Phoenix, Arizona law firm of Zwillinger, Greek, Zwillinger & Knecht PC. He serves as outside counsel to a wide array of corporate and real estate clients on a variety of matters, including real estate development and finance, corporate mergers and acquisitions, and securities law. Mr. Zwillinger has led the negotiation of numerous acquisitions of medium to large companies in the mortgage banking, insurance and manufacturing fields. He has taken the lead on numerous mid-size to large business transactions involving the purchase and sale of all manners of business entities. In addition, his expertise in the field of securities law has enabled him to advise clients on numerous corporate and real estate financing arrangements. Mr. Zwillinger was recognized by The Arizona Foundation for Legal Services and Education as one of Arizona's Top 50 Pro Bono Attorneys (2002), and has presented seminars on real estate and securities issues to various professional groups and law firms. He earned his B.S. degree, magna cum laude, from Brooklyn College of the City University of New York and his J.D. degree, cum laude, from St. John's University School of Law. Mr. Zwillinger is a member of the State Bar of Arizona, the New York State and Maricopa County bar associations, and the Arizona Mortgage Banking Association.

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