Real Estate Transactions: Avoiding the Top Mistakes
Thursday, May 17, 2018
9:00 AM - 4:30 PM
Pan American Conference and Media Center
601 Poydras Street, 11th Floor
New Orleans, LA 70170
$339 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- LA CLE - 6.00
Prevent Delays, Broken Deals, Financial Loss and Legal Conflicts
Real estate transactions are rife with risks that can result in serious financial and legal consequences. Do you know where the pitfalls are - and how to avoid or fix mistakes before they escalate into serious problems for you and your clients? Walk through the transaction process with real-world examples of what can go wrong and how to prevent it from happening in your practice. Ensure peace of mind and smooth, successful transactions - register today!
- Spot red flags in purchase and sale agreements that can spell trouble for clients.
- Ensure proper due diligence to identify all issues and liabilities before it's too late.
- Examine how real-world legal nightmares could have been avoided or fixed.
- Prevent closing mistakes that can leave you scrambling and cost clients time and money.
- Dig into the top legal ethics hazards and dilemmas in real estate transactions.
- Protect clients from hidden risks and unpleasant surprises down the road.
Who Should Attend
This intermediate level seminar highlights top mistakes in real estate transactions for:
- Real Estate Brokers and Agents
- Title Insurance Professionals
- Pitfalls Preceding the Closing
- Due Diligence, Title and Survey Oversights
- Legal Updates and Traps for the Unwary
- Closing Mistakes to Avoid
- Ethical Landmines in Real Estate
Continuing Education Credit
Continuing Legal Education – CLE: 6.00 *
* denotes specialty credits
Agenda / Content Covered
- PITFALLS PRECEDING THE CLOSING
9:00 - 10:15, Written and presented by M. Claire Durio in Baton Rouge and New Orleans.
- Letter of Intent Hazards
- Purchase and Sale Agreements Gone Wrong
- Sample Provisions to Avoid Mistakes
- Financing Pitfalls and Missed Opportunities
- Loan Commitment and Documentation Dangers
- DUE DILIGENCE, TITLE AND SURVEY OVERSIGHTS
10:30 - 11:45, Written by Ryan T. Christiansen. Presented by Lane N. Bennett in Baton Rouge and Ryan T. Christiansen in New Orleans.
- Disclosure Mistakes and Omissions
- Title Examination Errors; Defects in Title Commitments or Reports
- Exceptions to Coverage: Failure to Review and Investigate
- Title Objections: Do's and Don'ts
- Ineffective Use of Endorsements
- Deed and Legal Description Mistakes
- Survey Errors and Review Oversights
- Overlooked Zoning/Land Use Issues and Environmental Liabilities
- Other Due Diligence Mistakes
- LEGAL UPDATES AND TRAPS FOR THE UNWARY
12:45 - 2:00, Written by David W. Birdsong. Presented by M. Claire Durio in Baton Rouge and David W. Birdsong in New Orleans.
- Recent Changes and Developments
- Rules and Regs That Go Overlooked in Transactions
- Lessons Learned From Case Law
- CLOSING MISTAKES TO AVOID
2:15 - 3:30, Written by Lane N. Bennett. Presented by Lane N. Bennett in Baton Rouge and Robert W. Mouton in New Orleans.
- Closing Checklist Oversights
- Inability to Cure/Meet Requirements
- Missing or Incorrect Closing Documents
- Closing Statement Mistakes and Omissions
- Funds: Incorrect Form and Untimely Receipt
- Closing Protection Letter Issues
- Problematic Parties
- What to Do When Closings Go Bad
- ETHICAL LANDMINES IN REAL ESTATE
3:30 - 4:30, Written by John C. Anderson. Presented by John C. Anderson in Baton Rouge and Robert W. Mouton in New Orleans.
- Top Ethics Mistakes That Lead to Malpractice
- Duty of Disclosure vs. Duty of Confidentiality
- Dangers of Issuing Legal Opinions
- Conflicts of Interest Pitfalls
- Risks of Doing Business with Clients
- Attorneys' Fees
- Acting as Attorney and Title Agent
JOHN C. ANDERSON is principal of the Anderson Firm, LLC, where he concentrates in bankruptcy and debtor-creditor law. His practice includes corporate and business law, and commercial litigation, with a predominate emphasis on bankruptcy reorganization law and commercial litigation. Mr. Anderson's bankruptcy reorganization representation includes debtors, creditors, and banks; and his special orientation is to business reorganization under Chapter 11. He has written more than 20 law review articles on creditors' rights and remedies and bankruptcy law. Mr. Anderson has also spoken to more than 70 seminars on the legal issues in these areas of the law for the bar associations of Louisiana, Mississippi and Texas; for various law schools, including LSU, Loyola, Southern Mississippi, Kentucky, Missouri, Texas, and Texas Tech; and for professional seminar companies. He is a member of the Louisiana State Bar Association (past chairman, past council member, Corporate and Business Law Section) and the American Bankruptcy Institute. Mr. Anderson earned his B.A. degree from Louisiana State University and his J.D. degree from Louisiana State University Law School, where he was a member of the Louisiana Law Review. (Baton Rouge location)
LANE N. BENNETT is an attorney at Bennett Law Firm, L.L.C., in Baton Rouge, where he focuses his practice on real estate litigation, business sales, successions, trusts and contract disputes. He also is the managing member of a national title agency covering multiple states and 50,000 real estate transactions completed since he founded it. Mr. Bennett's main areas of practice are residential, business and commercial closings, business future exit planning, and sale structuring. He renders expert witness testimony in both federal and state courts regarding real estate litigation, ownership disputes and contract interpretation. Mr. Bennett lectures at continuing education sessions and seminars for attorneys, banks, insurance, real estate professionals and the public, along with writing about real estate contract and business issues and topics. He is admitted to practice in the District of Columbia, and the state and federal courts of Louisiana. Mr. Bennett earned his undergraduate and graduate degrees from the University of Southern Mississippi, and his law degree from the Paul M. Hebert Law Center at Louisiana State University. (Baton Rouge location)
DAVID W. BIRDSONG is the principal owner of Gulf South Title Corp and is a licensed title insurance provider in Louisiana in conjunction with Fidelity National Title Insurance Company. He is admitted to practice in the state of Louisiana and focuses on real estate, entity formation, successions, and estate planning. Mr. Birdsong has been a Louisiana licensed real estate agent (inactive), currently serves as an attorney, and is a board member of the New Orleans Real Estate Investors Association. He is an active real estate investor and has served as a board member of various non-profit agencies in the New Orleans area. Mr. Birdsong earned his J.D. degree from Loyola University in New Orleans. (New Orleans location)
RYAN T. CHRISTIANSEN is an attorney in the business law section of the New Orleans office of the Liskow & Lewis, P.L.C., law firm. Mr. Christiansen concentrates his practice in the areas of commercial real estate, secured transactions, commercial and energy lending, ship mortgage and marine financing, mergers and acquisitions, and corporate and general business matters. He earned his B.S. in accounting degree at Louisiana State University and his J.D. degree magna cum laude at Loyola University New Orleans College of Law. He is a member of the Louisiana State Bar Association. (New Orleans location)
M. CLAIRE DURIO is a partner with the New Orleans firm of Simon, Peragine, Smith & Redfearn, L.L.P., where she practices primarily in the areas of commercial real estate transactions and commercial litigation. She has represented numerous developers, property owners, national corporations, and local buyers and sellers of real estate, landlords and tenants, investment and property-management companies, and lenders in connection with the acquisition, development, leasing, financing and divestiture of commercial properties, condominiums, restaurants and hotel developments. Ms. Durio also has significant civil litigation experience in state and federal courts in Louisiana representing individual and corporate clients in contract and commercial litigation matters. She is admitted to practice in all federal and state courts in Louisiana. Ms. Durio earned her B.A. degree from Louisiana State University and her J.D. degree from Tulane University School of Law. (Baton Rouge and New Orleans locations)
ROBERT W. MOUTON is the managing partner of Locke Lord LLP's New Orleans office. His primary focus is in commercial real estate law, and he represents financial institutions, owners, and developers in the acquisition, development, financing and management of commercial properties, including office towers, hotels and multi-family projects, in New Orleans and throughout Louisiana. In addition, Mr. Mouton has been heavily involved in the acquisition and financing of cellular tower sites throughout the United States and has handled transactions involving well over thousands of cellular sites during his career. He is also listed in the Red Book of municipal finance attorneys, and has represented developers and lenders in connection with GO Zone Bond and municipal bond financings. Mr. Mouton was the co-founder of Tulane University's Freeman Venture Capital Forum and is a past president of the Tulane Association of Business Alumni. New Orleans City Business, New Orleans Magazine and Gambit Weekly have all recognized Mr. Mouton as one of the top real estate attorneys in New Orleans, and he is listed as a Super Lawyer for real estate matters. He earned his B.S. degree from Tulane University, his J.D. degree from Tulane University School of Law, and his M.B.A. degree from the A.B. Freeman School of Business, Tulane University. Mr. Mouton previously served as an adjunct professor at the A.B. Freeman School of Business, Tulane University. He is a member of the Louisiana State and American bar associations, the International Council of Shopping Centers, the International Association of Real Estate Attorneys and Executives, and the Tulane Business Council. (New Orleans location)
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