Agenda / Content Covered

Day 1: Purchase and Sale; Title; Tax

1. Purchase and Sale of Real Estate
   9:00 - 10:15, Seth Zirkle
   
   1. Types of Transactions - An Overview
   2. Letters of Intent (LOI) and Purchase and Sale Agreements (PSA)
   3. A Walkthrough of PSA Provisions
   4. Due Diligence: What Should a Buyer Conduct?
   5. Revisiting the PSA after Due Diligence: Amendments or Termination
2. Deeds and Legal Descriptions
   10:30 - 12:00, J.P. Sellers
   
   1. Types of Deeds and When They are Used (Warranty, Special Warranty, Quitclaim, Trustee's, etc.)
   2. Testate and Intestate Transfers
   3. Legal Descriptions: How to Read and Understand
   4. Deed Preparation Basics and Mistakes to Avoid
3. Title and Title Insurance Explained
   1:00 - 2:15, J.P. Sellers
   
   1. Title Search and Examination Fundamentals
   2. Types of Surveys and Their Role
   3. Title Insurance 101
   4. Liens: Overview of Different Types
   5. Common Defects and How They are Cured
4. Real Estate Closings 101
   2:30 - 3:30, Seth Zirkle
   
   1. Process, Timetable and Attorney Duties
   2. Escrow
   3. Preparation and Review of Closing Documents
   4. Closing the Transaction
5. Tax Matters in Real Estate
   3:30 - 4:30, Seth Zirkle
   
   1. Loan Documentation Essentials
   2. Construction and Term Loans
   3. Tax Considerations in the Transfer and Ownership of Real Estate
   4. 1031 Exchanges

Day 2: Leases; Development; Easements; Zoning and Land Use

6. Leasing; Landlord-Tenant Laws and Evictions
   9:00 - 10:15, Joy M. Sims
   
   1. Fundamentals of Real Estate Leasing
   2. Walkthrough of Lease Provisions
   3. Routinely Negotiated Terms: Landlord vs. Tenant Perspectives
   4. Lease Amendments and Modifications
   5. Sample LOI, Lease Agreements and Ancillary Documents
   6. Provisions That Commonly Lead to Disputes
   7. Landlord-Tenant Laws and Evictions
7. Real Estate Development and Construction Law
   10:30 - 12:00, Vic L. McConnell
   
   1. Development Process
   2. Governmental Approvals
   3. Financing/Assistance: Traditional and Government
   4. Construction Law Basics
   5. Development and Construction Contracts
   6. Ways to Mitigate Risk in Construction Development/Management
   7. Condominium and Homeowners Associations - Special Issues
8. Easements and Boundary Law
   1:00 - 2:15, Joe Weyant
   
   1. Easements and Rights-of-Way
   2. Encroachment and Adverse Possession
   3. Boundary or Property Line Disputes
   4. Quiet Title Actions: The Basics
9. Zoning and Land Use Basics
   2:30 - 3:30, Joe Weyant
   
   1. Ordinances, Regulations and Codes
   2. Restrictive Covenants
   3. Variances, Non-Conforming Uses and Conditional Use Permits
   4. Eminent Domain Laws and Process
10. Legal Ethics
    3:30- 4:30, Marcy S. Shelton
    
    1. Legal and Ethical Standards
    2. Conflicts of Interest in Real Estate Practice
    3. Attorneys as Brokers
    4. Liability for Title Work
    5. Disclosures of Material Facts

Accreditation Details:

VIC L. McCONNELL is a partner with Smith Cashion & Orr, PLC. His main areas of practice are construction litigation and design professional malpractice defense. Mr. McConnell received a bachelor's degree in civil engineering from Auburn University, a Master of Science degree in civil engineering from the University of Alabama at Birmingham, a Master of Science degree in environmental management from Samford University and a J.D. degree from Samford's Cumberland School of Law. Mr. McConnell is a registered professional engineer and is a LEED® AP. Mr. McConnell is admitted to the United States Supreme Court; United States Court of Appeals for the Sixth Circuit; U.S. District Court for the Eastern, Middle and Western Districts of Tennessee; U.S. District Court for the Eastern and Western Districts of Kentucky; Kentucky Supreme Court and Tennessee Supreme Court. Mr. McConnell is currently a member of the American Society of Civil Engineers, the National and Tennessee Society of Professional Engineers, the U.S. Green Building Council, and the Associated Builders and Contractors and Associated General Contractors Middle Tennessee Chapters. Mr. McConnell is currently a member of the Legislative and Government Affairs Committee for the TSPE Nashville Chapter. Mr. McConnell is also a member of the American, Tennessee and Nashville Bar Associations, as well as ABA's Forum on the Construction Industry and ABA’s Section of Litigation Committee on Construction Litigation. Mr. McConnell serves as an adjunct professor for Vanderbilt University's School of Engineering. He is a contributing author to State by State Guide to Construction Contracts and Claims, Chapter 45 (CCH Incorporated), Green Building and the Construction Lawyer, Chapter 17-Litigation Issues for the Design Professional (American Bar Association 2014), and 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms-Tennessee Section (ABA Forum on Construction Law, January 2015).

J.P. SELLERS is a senior attorney with Mackie Wolf Zientz & Mann, P.C., in their Little Rock, Arkansas office. Mr. Sellers' practice focuses on creditors’ rights in foreclosure, eviction and asset recovery actions. He is a frequent speaker and panelist at mortgage banking conferences and continuing legal education seminars on the topics of foreclosure and real estate title. Mr. Sellers is a member of the Arkansas Bar Association, the Debtor-Creditor Bar of Central Arkansas, and the Tennessee Bar Association. Mr. Sellers earned his B.A. degree from the University of Central Arkansas in Conway and his J.D. degree from the University of Arkansas at Little Rock, William H. Bowen School of Law.

MARCY S. SHELTON currently serves as investigating disciplinary counsel for the Board of Professional Responsibility for the State of Tennessee. Prior to that, she spent 29 years in private practice having been most recently associated with the Nashville office of Reno & Cavanaugh, PLLC, where she has extensive experience and exceptional knowledge of real estate laws, title insurance underwriting practices and zoning laws and procedures. Ms. Shelton’s experience includes representing buyers conducting due diligence in commercial real estate transactions, negotiating and drafting commercial and ground leases on behalf of landlords and tenants, and representing lenders in various kinds of secured transactions including workout situations involving special assets borrowers. Ms. Shelton is a member of the Tennessee Bar Association and has served as a delegate for the 21st Judicial District to the Tennessee House of Delegates. Ms. Shelton is a member of the American, Davidson County and Williamson County bar associations. Ms. Shelton earned her B.A. degree, with high honors, from the University of Tennessee at Knoxville and her J.D. degree from the University of Tennessee, College of Law.

JOY M. SIMS is an attorney in private practice in Nashville, where she practices in the areas of domestic relations, child support, divorce, child custody, juvenile court matters, personal injury, probate, wills, conservatorship, landlord/tenant, collections and civil litigation. She has worked as a metropolitan judicial commissioner and an assistant to the general counsel at Meharry Medical College. Ms. Sims earned her B.A. degree from Hollins College and her J.D. degree from Memphis State University.

JOE WEYANT has a solo law practice, based in Clarksville, Tennessee. Mr. Weyant focuses his practice on bankruptcy, contract and financial litigation, real estate issues, state and federal tax resolution, and probate and estates. He is admitted to practice in the state and U.S. District Courts of Tennessee, the U.S. Bankruptcy Courts and the U.S. Tax Court, as well as before the Internal Revenue Service. Mr. Weyant received his undergraduate degree from Austin Peay State University and went on to earn his law degree at Mississippi College School of Law, in Jackson, Mississippi.

SETH ZIRKLE is a member with Jackson Kelly PLLC, and has broad experience representing a wide range of clients in all areas related to the acquisition, development, leasing, financing, and sale of commercial and residential real estate. As a licensed title agent, Mr. Zirkle regularly conducts title examinations and works with agency counsel to resolve puzzling underwriting issues. In addition to his real estate practice, he routinely counsels clients on creative, and yet practical, solutions to business issues, including entity formation, reorganization, and asset purchase or sale transactions. Mr. Zirkle received his J.D. degree from the Indiana University Robert H. McKinney School of Law (J.D. degree, Honors in Health Law) and his undergraduate degree from Wabash College (B.A. degree, cum laude).