Live Seminar

Real Estate Transactions From A to Z

Seminar

Date:

2 Day Seminar
Monday, May 21, 2018 -
Tuesday, May 22, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78952ER

Location:

Holiday Inn Hotel & Suites Phoenix Airport

3220 South 48th Street

Phoenix, AZ 85040

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AZ CLE - 12.00

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!

  • 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.
  • 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. Analyzing Land Surveys: Obtaining an In-Depth Picture of Past and Present Uses
  3. Environmental Considerations in Real Estate Transactions
  4. Additional Considerations for Buying and Selling Commercial Real Estate
  5. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
  6. 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
  6. Essential Real Estate Updates

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *

International Association for Continuing Education Training – IACET: 1.20


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. Conducting Real Estate Due Diligence
    9:00 - 10:00, James S. Gibson
    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
  2. Analyzing Land Surveys: Obtaining an In-Depth Picture of Past and Present Uses
    10:00 - 11:00, James S. Gibson
    1. Confirming Legal Description Accuracy
    2. Confirming Access
    3. Clues to Past Uses and Possible Issues
    4. Overlaps, Encroachments and Setback Line Violations
  3. Environmental Considerations in Real Estate Transactions
    11:15 - 12:15, Michael C. Ford
    1. Environmental Site Assessments and Other Preliminary Matters
    2. Liability for Site Contamination: Federal and State Laws
    3. Limiting Liability for Buyers and Sellers
    4. Environmental Representations, Warranties and Indemnities
  4. Additional Considerations for Buying and Selling Commercial Real Estate
    1:15 - 2:15, Lance S. Davidson
    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. Structuring Real Estate Purchase Agreements to Avoid Unforeseen Consequences and Litigation
    2:15 - 3:15, Kevin P. Nelson
    1. Preliminary Checklists for Negotiating and Drafting
    2. Key Contingencies
    3. Default Provisions
    4. Realistic Time Constraints
  6. Commercial Real Estate Financing Essentials
    3:30 - 4:30, Kevin P. Nelson
    1. The Mechanics of Loan Documentation
    2. Personal Guarantees
    3. Cross Collateralization
    4. Security Agreements

DAY 2

  1. Reviewing the Title Commitment
    9:00 - 10:00, John T. Lotardo aka the TITLEMAN™
    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
    10:15 - 11:30, John T. Lotardo aka the TITLEMAN™
    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
    11:30 - 12:30, Coni Rae Good
    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
    1:30 - 2:30, Don J. Miner
    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
    2:30 - 3:30, Coni Rae Good
    1. Applying the Rules of Professional Conduct
    2. Attorney Fees
    3. Representations of Multiple Clients: Conflicts of Interest
    4. Disclosure of Defects in Property
  6. Essential Real Estate Updates
    3:45 - 4:30, Ari Ramras

LANCE S. DAVIDSON is a real estate and business lawyer with 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 35 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 and California.

MICHAEL C. FORD is counsel in the law firm of Snell & Wilmer L.L.P. Mr. Ford has more than 15 years of experience working with clients ranging from religious orders to global corporations in navigating the complex web of environmental and workplace safety issues impacting industrial operations and commercial transactions. He has worked with businesses including miners, manufacturers, recyclers, metal platers, developers and retailers on regulatory compliance, enforcement defense; and mitigating liability risks associated with corporate and real estate transactions. Mr. Ford received his B.A. degree from Brown University and his J.D and M.S. degrees from Washington University in St. Louis. He is a member of the Academy of Certified Hazardous Materials Managers, the Arizona Chamber of Commerce and Industry and the Environmental Professionals of Arizona.

JAMES S. GIBSON is a shareholder with the law firm of Zwillinger Greek Knecht & Gibson PC, where he practices in the area of real estate transactions, with an emphasis on purchase and sale transactions, commercial leasing, real estate secured loans, easements and licenses, title and survey matters, and the planning and development of commercial and residential properties. Mr. Gibson advises property owners, landlords, tenants, lenders, developers, homebuilders, investors and owners' associations in real estate issues, including the preparation and negotiation of purchase/sale contracts; lease and option contracts; easements; loan documents; development agreements; CCRs and condominium documents; title insurance; and contractor, broker and management agreements. Prior to his career in law, he worked as the land-use coordinator for Grubb & Ellis Commercial Real Estate Company and as a researcher with the Drachman Institute for Land and Regional Development Studies in Tucson, Arizona. Mr. Gibson earned his B.S. degree, magna cum laude, from the University of Arizona; and his J.D. degree, magna cum laude, from Gonzaga University School of Law. He is an active member of the State Bar of Arizona and the State Bar of New Mexico.

CONI RAE GOOD has been a solo practitioner for four years and has practiced law throughout Arizona for more than 25 years. Now located in Scottsdale, her primary areas of focus are real estate, commercial and contract law. Ms. Good has extensive experience in providing business advice and creating the documentation needed for commercial ventures, financing, creation of business entities, transfers of real and personal property, and resolution of title issues. She also has extensive trial and appellate court experience, as well as the representation of clients interacting with local governments and state agencies. Ms. Good has represented local and national corporations, limited liability companies, financial institutions, partnerships, and sole proprietors. She served as pro bono counsel to Sojourner Center, a domestic violence shelter, and received its Vanguard Award for her outstanding contribution. Ms. Good has been a member of a Scottsdale Rotary Club and received its Rotarian of the Year award for her work in 2011-12. She earned her B.A. degree, with high distinction, and her M.B.A. degree from Arizona State University; and her J.D. degree, cum laude, from Sandra Day O’Connor College of Law at Arizona State University. Ms. Good was an outside articles editor and a published member of the Arizona State Law Journal. She is a member of the State Bar of Arizona and received its certification as a CLE instructor. Ms. Good also is a member and director of the board for the Scottsdale Bar Association.

JOHN T. LOTARDO aka the TITLEMAN™ is Senior Vice President and National Commercial Counsel for Commonwealth Land Title Company. He is the former senior underwriter and state counsel for First American Title Insurance Company in Arizona and Nevada. Previously, Mr. Lotardo was senior vice president and general counsel for Stewart Title & Trust of Phoenix Inc., as well as state underwriting and claims counsel for Stewart Title Guaranty Company. As a licensed attorney, his practice entails all aspects of real estate, title/escrow and corporate operations. Mr. Lotardo earned his B.A. degree, with honors and academic distinction, from C.W. Post, Long Island University and his J.D. degree from Arizona State University. He is a frequent speaker, instructor, retained expert, and guest commentator. Being past president of the Land Title Association of Arizona, Mr. Lotardo has been a member of many real estate organizations, including holding the position of president for the Arizona Trustee Association, as well as being an active member of the State Bar of Arizona; the Arizona State Escrow Association; and bankruptcy, lending, foreclosure, legislative, judiciary and corporate organizations locally and nationwide. He recently completed his tenure on the Arizona Association of Realtors' Residential Contract Revision Workgroup and served on the Education Advisory Committee for the Arizona Department of Real Estate. Mr. Lotardo is the author of numerous articles and columns including the popular Ask the TITLEMAN™, which is in print throughout the United States. He also has been a guest commentator on talk radio for KFNX 1100 and KFNN 1510. Mr. Lotardo had been the editor for the Real Property Journal for the State Bar of Arizona for a number of years. He has been selected as a Who's Who in the legal community as part of The Business Journal's Leading Lawyers Program. Currently, he is the President of the Real Estate Advisory Board to the Maricopa County Recorder.

DON J. MINER is a director with Fennemore Craig P.C., located in the firm's Phoenix office. His practice focuses primarily on the areas of real estate and business finance, transactions and development, including lending, leasing and brokerage matters, along with related workouts, foreclosures, creditors' rights and bankruptcy. Mr. Miner's practice encompasses development, lending and leasing on Native American lands and government owned tracts, as well as affordable housing loans, tax credit transactions, development, leasing and management. His practice also covers the negotiation and documentation of development agreements; drafting and enforcement of commercial space and ground leases; preparation of covenants, conditions and restrictions; formation, operation and management of business entities; and real estate and mortgage broker regulatory compliance and audit matters. Mr. Miner is past president of the Arizona School of Real Estate & Business, a private, post-secondary, real estate and business education school in Scottsdale, Arizona. He is also a fellow of the Arizona Bar Foundation. Mr. Miner has practiced law in Phoenix, Arizona, for more than 35 years. He earned his B.A. degree and his J.D. degree, cum laude, from Brigham Young University.

KEVIN P. NELSON is a shareholder with Tiffany & Bosco, P.A., whose practice focuses on construction, mortgage, and real estate transactions and litigation. He practices extensively in all areas of risk management related to the construction, real estate and mortgage industries. Mr. Nelson is adept at aggressively and economically pursuing his clients' claims or defenses when required. The clients he represents cover a broad spectrum and include institutional and private lenders, contractors, subcontractors, suppliers, architects, engineers, and owners. Mr. Nelson's areas of construction industry practice includes mechanic's liens, payment and performance bond claims under the Miller Act and Arizona's "Little Miller Act," sustainable ("green") building, construction defect claims and defenses, Arizona Registrar of Contractor complaints and defenses, and construction contract review. Regarding the mortgage industry, his specific areas of practice relate to compliance with federal and state laws and regulations. Mr. Nelson's federal experience includes assisting his clients to comply with, or defend against claims concerning, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Equal Credit Opportunity Act. His state experience includes assisting his clients to comply with, or defend against claims concerning, Arizona's consumer protection laws. Although somewhat overlapping with Mr. Nelson's mortgage industry practice, his real estate industry practice includes review of both commercial and residential purchase agreements and associated documents, review of property management agreements, compliance with Arizona's mortgage and deed of trust statutes under Title 33 of the Arizona Revised Statutes, and pursuing deficiency, mortgage fraud, equitable subrogation, and forcible entry and detainer (eviction) claims on behalf of his clients. Mr. Nelson also practices in the area of Indian law and is licensed with the Navajo, Hopi, Fort McDowell Yavapai, and White Mountain Apache tribal courts.

ARI RAMRAS is an attorney with Ramras Legal, PLC, in Phoenix. Mr. Ramras has litigated a variety of commercial disputes in federal and state court. His clients have ranged from individuals and small businesses to Fortune 50 companies. He is one of the only litigators in Arizona qualified as a certified specialist in real estate law (State Bar of Arizona Board of Legal Specialization). He is also certified by the Arizona Department of Real Estate as an instructor. He has taught a class on title procedures at the Arizona School of Real Estate and Business. Mr. Ramras is the general counsel for Ramras Realty and is also an experienced mediator. He received his B.B.A. degree from the University of Michigan Business School and his J.D. degree from the University of Arizona College of 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

AZ CLE: 12.00 Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 12.0 hours toward your annual MCLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.


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. Describe how to use a land survey to confirm legal description accuracy. 3. Define the Federal and State Laws involved with Liability for Site Contamination. 4. Describe how to obtain estoppel certificates from commercial real estate tenants. 5. Name two key contingencies to include in the real estate purchase agreement. 6. Define the key elements of commercial loan documentation. 7. State what schedule B-I of the title commitment contains. 8. Describe how to cure breaks in chain of title. 9. State how to reconcile funds received on the settlement statement. 10. State how to release pre-existing liens. 11. Describe how attorneys can avoid conflicts of interest in real estate transactions. 12. State two recent real estate law updates.

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