Live Seminar

Real Estate Transactions From A to Z

Seminar

Date:

2 Day Seminar
Thursday, March 29, 2018 -
Friday, March 30, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78359ER

Location:

Deer Creek Golf Club

7000 West 133rd Street

Overland Park, KS 66209

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KS CLE - 14.00
  • MO CLE - 14.40

Other

  • IACET - 1.20

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!

  • 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. Tax Matters in Real Estate
  2. Negotiating the Financial, Business and Legal Aspects of Commercial Real Estate Loans: Avoiding Critical Pitfalls
  3. Land Surveys: What is Really Happening on This Property?
  4. Conducting Real Estate Due Diligence
  5. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
  6. Handling the Closing: Critical Essentials for Smooth Transactions

DAY 2

  1. Reviewing the Title Commitment
  2. Ethical Considerations
  3. Environmental Considerations in Real Estate Transactions
  4. Curing Title Defects Before Closing: Using Title Insurance Endorsements and Other Tools
  5. Post-Closing Procedures: Tying Up Loose Ends
  6. Negotiation of Kansas Economic Development Incentives

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 14.00 -  KS*
CLE 14.40 -  MO*

International Association for Continuing Education Training – IACET: 1.20


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. Tax Matters in Real Estate
    9:00 - 10:00, Don F. Dagenais
    1. Tax Considerations in the Transfer and Ownership of Real Property
    2. 1031 Exchanges/Tax Deferral Tools
    3. Real Property Tax Valuations and Exemptions
    4. Appeals of Property Tax Assessment
  2. Negotiating the Financial, Business and Legal Aspects of Commercial Real Estate Loans: Avoiding Critical Pitfalls
    10:00 - 11:00, Don F. Dagenais
    1. Objectives of Borrowers and Lenders
    2. The Right Time to Negotiate: Loan Application vs. Letter of Intent
    3. Negotiating Financial Elements
      1. Interest Rates and Amortization
      2. Prepayment and Late Payment Terms
      3. Default Provisions, Default Interest and Late Charges
      4. Recourse and Guaranties
      5. Other Essential Elements
      6. Tax and Insurance Escrows
    4. Negotiating Business and Legal Provisions
      1. Representations and Warranties
      2. Transfer and Assignment Issues
      3. Indemnities: General and Environmental
      4. Title Insurance Requirements and Endorsements
      5. Post-Closing Covenants
      6. Casualty, Destruction, Condemnation and Use of Proceeds
      7. Tenant Approvals and Lender Consents
  3. Land Surveys: What is Really Happening on This Property?
    11:15 - 12:15, Scott Confer
    1. Types of Surveys and What You Should Expect to See
    2. Legal Descriptions, Overlaps, Gaps, Chain of Title
    3. Access to Public Rights-Of-Way, Cross Access Easements
    4. Potential "Red Flags," Encroachments and Setback Line Violations
  4. Conducting Real Estate Due Diligence
    1:15 - 2:15, Ronald Schneider
    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. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
    2:15 - 3:15, Ronald Schneider
    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
  6. Handling the Closing: Critical Essentials for Smooth Transactions
    3:30 - 4:30, Jerome E. Murphy
    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

DAY 2

  1. Reviewing the Title Commitment
    9:00 - 10:00, Don F. Dagenais
    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. Ethical Considerations
    10:00 - 11:00, Don F. Dagenais
    1. Applying the Rules of Professional Conduct
    2. Attorney Fees
    3. Representations of Multiple Clients: Conflicts of Interest
    4. Disclosure of Defects in Property
  3. Environmental Considerations in Real Estate Transactions
    11:15 - 12:15, William T. Session
    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
  4. Curing Title Defects Before Closing: Using Title Insurance Endorsements and Other Tools
    1:15 - 2:15, Richard S. Schoenfeld
    1. Breaks in Chain of Title
    2. Unresolved Probate Issues
    3. Mortgage-Related Defects
    4. Easements and Encroachments
    5. Wild Deeds
  5. Post-Closing Procedures: Tying Up Loose Ends
    2:15 - 3:15, Richard S. Schoenfeld
    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
  6. Negotiation of Kansas Economic Development Incentives
    3:30 - 4:30, Scott W. Anderson
    1. Local Incentives
    2. State Incentives
    3. Navigating your Client Through Property Tax Abatement

SCOTT W. ANDERSON is an attorney with SA Legal Advisors LC. He represents municipalities and developers on economic development projects. Mr. Anderson regularly negotiates development agreements and advises on tax abatement, tax increment financing and other economic development incentives. He specializes in representing municipalities and developers on Kansas commercial property tax abatement projects. Mr. Anderson often provides "behind the scenes" advice to taxing jurisdictions impacted by economic development incentives. He also advises and consults on the issuance of both taxable and tax-exempt revenue bond financings. Mr. Anderson has served as an expert witness on revenue bond financings gone bad. He is a member of the Kansas Bar Association, The Missouri Bar, and the National Association of Bond Lawyers. He has been listed in The Best Lawyers in America (2013-present), listed in Ingram’s Best Lawyers in Kansas City, and Listed in 435 Magazine’s Best Lawyers in Kansas City Metro. Mr. Anderson earned his B.B.A. degree, with distinction and honors, from the University of Iowa College of Business. He earned his J.D. degree, with distinction, from the University of Iowa College of Law.

SCOTT CONFER serves as registered land surveyor and managing director of civil survey, field services department in the Lenexa, Kansas office of Shafer, Kline & Warren, Inc. He is licensed in Kansas, Colorado and Wisconsin. Mr. Confer specializes in ALTA/ACSM land title surveys, plats of subdivision and condominium, legal description preparation, and boundary and sectional calculations. As a project manager he prepares contract documents and work orders; provides client consultations; and performs quality control on deliverables. Mr. Confer works with many of the local municipalities and represents our client’s projects at planning commission and city council meetings. He also performs terrestrial LiDAR surveys and is the main point of contact for requests and consultations. Since 2005, Mr. Confer has performed high definition surveys on retaining wall monitoring projects, as-built surveys on gas pipeline facilities, structural as-built surveys in manufacturing plants and power plants, private and commercial accident scene surveys, and existing condition design surveys for the civil engineering and architectural disciplines at locations throughout the country.

DON F. DAGENAIS is a member of the Kansas City, Missouri law firm of Lathrop & Gage LLP, where he specializes in commercial real estate purchase, sale, mortgage, lease, development, management, and land use projects for commercial developers, builders, investors, condominium developers, banks, mortgage lenders, and property managers. With more than 40 years of experience in his field, Mr. Dagenais is a frequent guest speaker before groups interested in real estate development and management, such as the Building Owners and Managers Association (BOMA), Kansas Land Title Association, and others. He is a lecturer of seminars for attorneys on advanced real estate law for professional organizations such as The Missouri Bar, Kansas City Metropolitan Bar Association, National Business Institute, and civic boards and organizations. Mr. Dagenais is an adjunct professor at the University of Missouri-Kansas City Law School. He is a member of The Missouri Bar (member, Section of Real Estate, Probate and Trust Law) and the American Bar Association. Mr. Dagenais earned his B.A. degree from Grinnell College and his J.D. degree from Cornell University.

JEROME E. MURPHY is an attorney with Martin Pringle, Attorneys at Law, in Kansas City, Missouri, where he devotes most of his practice to the area of commercial real estate law and has been in practice for more than 33 years. He has given numerous lectures and written articles related to his real estate practice. Mr. Murphy is a member of the Real Property sections of the American Bar Association, The Missouri Bar and the Kansas City Metropolitan Bar. He earned his B.A. degree from Rockhurst College and his J.D. degree from Georgetown University, where he served as an editor of the Georgetown Law Journal.

RONALD SCHNEIDER is an attorney with Ronald Schneider, Attorney at Law, P.A. in Lawrence, where he focuses his practice in the areas of personal injury, land use and construction litigation. He has litigated and settled numerous personal injury cases involving motor vehicle negligence, premises liability, and injuries associated with negligent construction and design. Mr. Schneider is a member of the Kansas Bar Association, Douglas County Bar Association and the Douglas County Inns of Court Association. He earned his B.A. degree from the University of Kansas, his M.A. degree from Kansas State University, and his J.D. degree from the University of Missouri- Kansas City.

RICHARD S. SCHOENFELD is an attorney with SA Legal Advisors LC. He maintains a general practice with a focus in the areas of real estate law, landlord and tenant law, corporate formations, including any general business matters, general estate planning (including preparation of wills, trusts and power of attorney documents), small estate and trust administration and probate. In addition to his legal career, as an attorney licensed in both Kansas and Missouri, Mr. Schoenfeld has established and/or been involved in several personal enterprises including commercial real estate, business consulting, a health and fitness club, and an insurance agency. His diverse background has given him an in-depth knowledge and understanding of a wide variety of real estate, finance and business activities raging form structuring commercial real estate investments, acquisitions and dispositions, lease negotiation, corporate formations and general business matters, to general civil litigation relating to the same. Mr. Schoenfeld has represented individuals and business owners of all sizes in matters relating to real estate, including buying and selling property, leases, easements, zoning and all corresponding transactional disputes and has represented several contractors and sub-contractors and has experience with construction litigation. In addition, since 2010, he has maintained a Kansas real estate license and is very familiar with the real estate brokerage business. Mr. Schoenfeld earned his undergraduate degree from Kansas State University and graduated, with honors, from Washburn University School of Law.

WILLIAM T. SESSION is the managing partner of The Session Law Firm. He concentrates his practice in the area of environmental law. Mr. Session is very active in national, regional and local legal associations. He is chair-elect of the Lawyers Conference Committee of the Judicial Administration Division of the American Bar Association; formerly served as chairman of the Missouri Sixteenth Judicial Circuit Bar Committee; the chairman of The Kansas City Metropolitan Bar Association, as well as a director of The Missouri Bar Environmental Law Committee; vice president of the Missouri Lawyer Trust Account Foundation; the environmental law editor for the Missouri Lawyer's Weekly; and president-elect of American Judicature Society. Mr. Session formerly served as the chairman of The Missouri Bar Tort Law and Insurance Law committees. He was recently elected a member of the American College of Environmental Lawyers. Mr. Session is a frequent speaker at seminars held throughout the United States on environmental issues and has been a lecturer for the National Association of Realtors, The National Association of College and University Attorneys and other national associations. He is also a faculty member of regional and national trial advocacy programs sponsored by the National Institute of Trial Advocacy. Mr. Session earned his J.D. degree from the University of Missouri at Columbia School of Law and his Masters of Business Administration degree from the University of Missouri at Columbia School of Business.

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

KS CLE: 14.00 Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 14.0 hours of continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.


MO CLE: 14.40 Includes - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 14.4 hours of CLE credit, which includes 1.2 hour of ethics, professionalism or malpractice prevention credit.


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. State tax consequences upon the sale/transfer of real property. 2.  Describe how commercial loan underwriters evaluate risk. 3. Describe how to use a land survey to confirm legal description accuracy. 4. Identify two sources of real estate due diligence materials. 5. Name two key contingencies to include in the real estate purchase agreement. 6. State how to reconcile funds received on the settlement statement. 7. State what schedule B-I of the title commitment contains. 8. Describe how attorneys can avoid conflicts of interest in real estate transactions. 9. State the possible tort liability for environmental contamination. 10. Describe how to cure breaks in chain of title. 11. State how to release pre-existing liens. 12. Relay how to navigate your client through property tax abatement.

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