Live Seminar

Real Estate Transactions From A to Z

Seminar

Date:

2 Day Seminar
Wednesday, March 21, 2018 -
Thursday, March 22, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78353ER

Location:

Cobb Galleria Centre

2 Galleria Parkway Southeast

Atlanta, GA 30339

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • GA CLE - 12.00
  • VA CLE - 12.00
  • WV CLE - 14.40

Other

  • IACET - 1.20
  • Real Estate - 12.00

Program Description

A Comprehensive, Two-Day Overview of the Real Estate Transaction Process

Improvements in the real estate market also bring more clients needing guidance through confusing transactional elements. They need confident professionals who can provide clarity while helping them avoid seemingly minor missteps that can have serious consequences down the road. In this comprehensive two day seminar, our experienced attorney faculty will illuminate key facets of real estate transactions and take the confusion out of the process. No matter if you represent buyers, sellers or lenders, you are sure to take away valuable knowledge you can use to ensure your clients' best interests are protected all throughout the real estate transaction process - register today!

  • Get up to speed on the latest legal issues that affect real estate practitioners and ensure your knowledge doesn't lag behind your peers.
  • Locate the real estate due diligence essentials you need to protect your clients' best interests.
  • Confidently protect your clients against possible statutory and tort liability when buying and selling polluted real estate.
  • Craft real estate purchase agreements that anticipate areas of dispute and offer your clients peace of mind.
  • Ensure essential real estate financing elements are in place so your client can get the loan they need.
  • Thoroughly review real estate title commitments and negotiate removal of - or affirmative coverage for - critical exceptions.
  • Know which title insurance endorsements and other tools you should use to cure defects in title.
  • Resolve any last-minute issues that arise at the closing table and efficiently tie up post-closing loose ends.

Who Should Attend

This basic-to-intermediate level seminar is designed for:

  • Attorneys
  • Real Estate Professionals
  • Title Professionals
  • Loan Officers
  • Paralegals

Course Content

DAY 1

  1. Conducting Real Estate Due Diligence
  2. Environmental Considerations in Real Estate Transactions
  3. Additional Considerations for Buying and Selling Commercial Real Estate
  4. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
  5. Commercial Real Estate Financing Essentials

DAY 2

  1. Reviewing the Title Commitment
  2. Curing Title Defects Before Closing: Using Title Insurance Endorsements and Other Tools
  3. Handling the Closing: Critical Essentials for Smooth Transactions
  4. Post-Closing Procedures: Tying Up Loose Ends
  5. Ethical Considerations

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 12.00 -  GA*
CLE 12.00 -  VA*
CLE 14.40 -  WV*

International Association for Continuing Education Training – IACET: 1.20

Real Estate – Real Estate: 12.00


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. Conducting Real Estate Due Diligence
    9:00 - 10:05, Warren R. Power
    1. Control Documents: Interested Parties Lists, Due Diligence Request Lists and More
    2. Required Disclosures
    3. Locating Sources of Due Diligence Materials
    4. Commercial Considerations: Leases, Zoning and More
    5. Analyzing Land Surveys
  2. Environmental Considerations in Real Estate Transactions
    10:20 - 11:35, Martin A. Shelton
    1. Environmental Site Assessments and Other Preliminary Matters
    2. Liability for Site Contamination: Federal and State Laws
    3. Tort Liability for Environmental Contamination
    4. Limiting Liability for Buyers and Sellers
    5. Q&A
  3. Additional Considerations for Buying and Selling Commercial Real Estate
    11:35 - 12:45, David A. Weissmann
    1. Choice of Entity: Tax and Other Considerations
    2. 1031 Tax-Deferred Exchange and Like-Kind Exchange Agreements
    3. Sale-Leaseback Transactions
    4. Obtaining Estoppel Certificates from Tenants
    5. Q&A
  4. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
    1:45 - 3:00, Gregory M. Taube
    1. Preliminary Checklists for Negotiating and Drafting
    2. Representations and Warranties
    3. Key Contingencies
    4. Indemnities for Buyers and Sellers
    5. Default Provisions
    6. Realistic Time Constraints
    7. Q&A
  5. Commercial Real Estate Financing Essentials
    3:15 - 4:30, Mark D. Euster
    1. The Mechanics of Loan Documentation
    2. Personal Guarantees
    3. Cross Collateralization
    4. Security Agreements
    5. Promissory Notes

DAY 2

  1. Reviewing the Title Commitment
    9:00 - 10:15, Michael S. Rodgers
    1. Insurer's Obligations and Understanding Limitations
    2. Reviewing Schedule A of the Title Commitment
    3. Schedules B-I and B-II of the Title Commitment
    4. Negotiating Removal of, or Affirmative Coverage for, Exceptions
  2. Curing Title Defects Before Closing: Using Title Insurance Endorsements and Other Tools
    10:30 - 11:45, Michael S. Rodgers
    1. Breaks in Chain of Title
    2. Unresolved Probate Issues
    3. Mortgage-Related Defects
    4. Easements and Encroachments
    5. Wild Deeds
  3. Handling the Closing: Critical Essentials for Smooth Transactions
    11:45 - 1:00, Neal Dodell
    1. Preparing Documents for Signing
    2. Receipt and Handling Funds from all Parties
    3. Deposits, Disbursements and Holdbacks
    4. Reconciling Funds Received on the Settlement Statement
    5. Resolving Last-Minute Issues at the Closing Table
  4. Post-Closing Procedures: Tying Up Loose Ends
    2:00 - 3:15, Neal Dodell
    1. Final Recording Information or Certificate from Attorney
    2. Releases of Pre-Existing Liens
    3. Title Policy Preparation and Last-Minute Liens
    4. Preparing and Returning the Closing Package to the Lender
  5. Ethical Considerations
    3:30 - 4:30, Gregory M. Taube
    1. Applying the Rules of Professional Conduct
    2. Attorney Fees
    3. Representations of Multiple Clients: Conflicts of Interest
    4. Disclosure of Defects in Property

NEAL DODELL is an attorney with the Caiaccio Law Firm in Atlanta, Georgia, and has an extensive real estate law background and a growing government relations practice. A 25-year veteran of the Atlanta legal industry, his real estate practice covers the sale and leasing of, and the making of loans on all types of commercial properties. His government relations practice has so far dealt with child welfare reform and education issues on behalf of clients. Mr. Dodell has served as in-house counsel for life insurance companies, including MetLife and ING. He is a member of the State Bar of Georgia. Mr. Dodell receive his B.A. degree from the University of Michigan and his J.D. degree from Brooklyn Law School.

MARK D. EUSTER is a shareholder with Weissmann Zucker Euster Morochnik P.C., in Atlanta, Georgia, where he practices in the areas of commercial real estate and secured lending. He represents national, regional and local financial institutions and national title underwriters. Mr. Euster represents clients in a variety of real estate and secured lending transactions in Georgia and throughout the United States, including acquisition, development, renovation, construction and permanent financing; lines of credit; standby credit facilities; loan participants; inter-creditor and subordination agreements; workouts; and foreclosures. He assists developer clients in the acquisition, development, leasing, management and disposition of various types of commercial real estate; and is a frequent speaker on real estate law issues. He is a member of the State Bar of Georgia. Mr. Euster earned his B.A. degree from Emory University and his J.D. degree from Case Western Reserve University.

WARREN R. POWER is a founding member of Power Jaugstetter, P.C., who has more than 28 years of professional legal experience. He has extensive experience representing clients in land use matters, focusing primarily in the complex area of eminent domain since 1997. Mr. Power has represented property owners against various local and the federal governments. He is a special assistant to the Attorney General of the State of Georgia for land use matters, including eminent domain. Mr. Power has represented the U.S. Army Corps of Engineers and has served as a special assistant attorney general for the Georgia Department of Natural Resources, the Georgia Regional Transit Authority, and the Technical College System of Georgia. He is an adjunct professor for real estate transactions at Mercer University School of Law. Mr. Power is a past chair of the Eminent Domain Section of the State Bar of Georgia. He earned his bachelor's degree from Christopher Newport University in Virginia and his J.D. degree from Mercer University.

MICHAEL S. RODGERS is a shareholder of Polsinelli PC, a full-service law firm with offices in twenty-two cities located across the United States. Mr. Rodgers leads his firm’s real estate practice in Atlanta, Georgia. He provides creative, business-oriented legal counsel to clients who develop, invest, lease, lend and use real estate assets in urban core, suburban and exurban locations. Mr. Rodgers has significant experience in drafting and negotiating complex governance structures and easement agreements. His client’s projects include large-scale master planned communities, urban mixed-use properties, in-fill residential developments, resorts and office and industrial parks. Mr. Rodgers is an active member of the Urban Land Institute and works on urban revitalization issues both on a national and local level, and he has also served as an adjunct law professor at the University of Georgia’s School of Law. He earned his B.A. degree, with honors, from The College of William & Mary and his J.D. degree from Emory University School of Law.

MARTIN A. SHELTON is a partner with Weissman in the Buckhead office. He focuses his practice on trial and appellate litigation of environmental claims for both plaintiffs and defendants; counseling clients on addressing environmental issues arising in real estate transactions, ownership, and development; as well as compliance and permitting under environmental laws and regulations. His clients include individuals, corporations, neighborhood/community association groups, governmental entities, foundations, and non-profit organizations. Active in the legal community, Mr. Shelton is a member of the American Bar Association - Environmental & Natural Resources Section; State Bar of Georgia's Environmental Law Section (chair, 2008) and the Atlanta Bar Association - Environmental Law Section. He is also a member of the District of Columbia Bar - Environmental Law & Natural Resources Section, the Washington State Bar Association - Environmental & Land Use Law Section, the Environmental Law Institute, and the Lawyers Club of Atlanta. He has been named a Georgia Super Lawyer by Law & Politics Magazine every year since 2010. Mr. Shelton earned his B.A. degree from the University of North Carolina and his J.D. degree, cum laude, from Georgia State University College of Law.

GREGORY M. TAUBE is a partner with the law firm of Nelson Mullins Riley & Scarborough, LLP, in Atlanta. He practices in the areas of bankruptcy, creditors' rights, and business litigation. Mr. Taube primarily advocates for creditors and landlords in state and federal courts, including bankruptcy courts in Georgia and Alabama. He also regularly represents litigants in consumer finance litigation, contract and real estate disputes, franchise and distribution disputes, business torts, and other business litigation. Mr. Taube actively participates as a member of the American Bankruptcy Institute's Ethics and Professional Compensation Committee and the American Bar Association Business Law Section's Consumer Financial Services Committee. He is a member of the Atlanta Bar Association and serves on the editorial board of The Atlanta Lawyer. Mr. Taube frequently writes and speaks on bankruptcy and creditors' rights issues. While in law school, he served as an editor of the Journal of the Legal Profession and received the M. Leigh Harrison Award. Prior to joining Nelson Mullins, Mr. Taube served as law clerk to U.S. District Judge Daniel H. Thomas of the Southern District of Alabama and U.S. Bankruptcy Judge James S. Sledge of the Northern District of Alabama. He earned his B.A. degree from the University of South Alabama and his J.D. degree, summa cum laude, from the University of Alabama School of Law, where he was named a member of the Order of the Coif. During law school, Mr. Taube was a member of the Campbell Moot Court Board and the Moot Court Team.

DAVID A. WEISSMANN is the founder of the law firm of Weissmann Zucker Euster Morochnik P.C., where he practices in the areas of commercial real estate, secured lending, corporate, and business law. Mr. Weissmann is the former chairman of the eCLE Committee for Real Property and Probate Section of the American Bar Association. He is a frequent speaker on real estate law issues, including "A Response to Disaster: Changed Conditions on Termination of Property Restrictions and Covenants," ABA Real Property and Probate Meeting, San Diego; "Title Issues on Purchase Contracts," National Business Institute; "Understanding the Insurance Provisions of Commercial Leases and Mortgage Loan Documentation;" and 19th Annual Real Property Law Institute, Sea Island, Georgia. Mr. Weissmann also wrote Construction Lending, ABA Real Property & Probate; and Removing Restrictive Covenants as Burdens to a Disaster Response, ABA Real Property & Probate. He earned his B.A. degree, with distinction and Echols Scholar, from the University of Virginia; and his J.D. degree, cum laude, from the University of Georgia, where he served on the Law Review and was the recipient of the American Jurisprudence Award for constitutional law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

GA CLE: 12.00 Includes - Ethics: 1.00
This program is approved for 12.0 hours of continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of ethical considerations.


VA CLE: 12.00 Includes - Ethics: 1.00
(Ethics pending) This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 12.0 hours of credit. Credit for ethics has been submitted to the board and is pending.


WV CLE: 14.40 Includes - Ethics: 1.20
This program qualifies for 14.4 hours of credit, which includes 1.2 hour of ethics, under the West Virginia Rules for Mandatory Continuing Legal Education.


International Association for Continuing Education Training

N IACET: 1.20
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 1.2 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. Identify two sources of real estate due diligence materials. 2. State the possible tort liability for environmental contamination. 3. Describe how to obtain estoppel certificates from commercial real estate tenants. 4. Name two key contingencies to include in the real estate purchase agreement. 5. Define the key elements of commercial loan documentation. 6. State what schedule B-I of the title commitment contains. 7. Describe how to cure breaks in chain of title. 8. State how to reconcile funds received on the settlement statement. 9. State how to release pre-existing liens. 10. Describe how attorneys can avoid conflicts of interest in real estate transactions.

Real Estate

GA RE: 12.00
This course has been approved by the Georgia Real Estate Commission for 12.0 hours of real estate continuing education credit.


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