Live Seminar

Ultimate Guide to Commercial Real Estate Law

Seminar

Date:

Thursday, March 22, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79588ER

Location:

DoubleTree by Hilton Hotel Memphis

5069 Sanderlin Avenue

Memphis, TN 38117

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • TN CLE - 6.00

Other

  • IACET - 0.60

Program Description

Your Comprehensive Guide to Commercial Real Estate Transactions

Build a solid foundation for a successful commercial real estate practice! Our experienced faculty will provide you with a thorough understanding of commercial real estate transaction procedures and considerations from start to finish. From contract and lease negotiation to loan documentation, come away with practical knowledge and solutions you need to guarantee a smooth transaction and effectively thwart nasty surprises that overwhelm the unprepared. Register today!

  • Gain tips on how to negotiate and draft key lease provisions for a variety of commercial properties.
  • Learn purchase agreement negotiation strategies that will mitigate the potential for legal troubles down the road.
  • Receive a practical walkthrough of commercial real estate closings so you can navigate them with confidence.
  • Ensure you choose the best commercial title insurance endorsements in order to protect your clients from devastating title defects.
  • Discover how to negotiate key terms of the loan commitment, including guarantee provisions.
  • Protect your client from potential environmental liabilities that can cause serious financial and legal issues.

Who Should Attend

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

  • Attorneys
  • Real Estate Professionals
  • Property Managers
  • Lenders
  • Title Agents and Underwriters
  • Paralegals

Course Content

  1. Drafting and Negotiating Purchase and Sale Agreements (with Sample Language)
  2. Commercial Real Estate Title From Start to Finish
  3. Minimizing Environmental Liabilities in Commercial Real Estate Transactions
  4. The Mechanics of Commercial Real Estate Financing
  5. Closing Commercial Real Estate Transactions
  6. Commercial Leases - Negotiating Key Provisions for Different Types of Property (Retail, Restaurant, Office, Industrial, Etc.)
  7. What Happens to Leases, Loans and Contracts if a Party Goes Bankrupt

Continuing Education Credit

Continuing Legal Education – CLE: 6.00

International Association for Continuing Education Training – IACET: 0.60


* denotes specialty credits

Agenda / Content Covered

  1. Drafting and Negotiating Purchase and Sale Agreements (with Sample Language)
    9:00 - 10:00, Anita I. Lotz
    1. Confidentiality/Non-Disclosure Agreements
    2. Letters of Intent - What They Must Include
    3. Identifying Parties, Property and Terms of Sale
    4. Financial Terms: Price, Cost Allocation, Deposits, Etc.
    5. Built-In Extensions for Feasibility or Entitlements
    6. Closing Conditions - Ensuring a Smooth Closing
    7. Representations and Warranties - Key Negotiation Tactics
    8. Buyer Inspection Rights; Due Diligence
    9. Remedies and Liability
    10. Tax-Saving Strategies: Structuring the Agreement Advantageously
  2. Commercial Real Estate Title From Start to Finish
    10:00 - 10:45, Anita I. Lotz
    1. Mechanics of a Title Search and Identifying Defects - Liens, Mortgages, Etc.
    2. Lien Priority and Lost Priority
    3. Curing Top Title Defects
    4. Covered Risks, Exclusions and Conditions - Understanding Title Insurance Policies
    5. Commercial Endorsements: Detailed Examination of Types, Requirements and Forms
  3. Minimizing Environmental Liabilities in Commercial Real Estate Transactions
    11:00 - 11:45, Randall B. Womack
    1. State and Federal Laws and Liabilities
    2. Environmental Site Assessments: Phase I, II, III
    3. Negotiating and Drafting Representations and Warranties/Environmental Indemnity Clauses
    4. Environmental Insurance Coverage Options
  4. The Mechanics of Commercial Real Estate Financing
    11:45 - 12:45, J. David Wicker
    1. Pros and Cons of the Different Finance Options
    2. Key Regulatory Issues and How Lenders are Handling Them
    3. Walkthrough of the Loan Process
    4. Negotiating Key Terms of the Loan Commitment
    5. Recourse vs. Non-Recourse; Guarantees
    6. Preparing and Reviewing Loan Documents
    7. Loan Commitment and Loan Closing Due Diligence
    8. Preparing Legal Opinions
  5. Closing Commercial Real Estate Transactions
    1:45 - 2:45, J. David Wicker
    1. Pre-Closing Essentials - Closing Checklists and More
    2. Corporate Aspects of Commercial Closings
    3. What to Expect on Closing Day
    4. Avoiding "Deal Breaker" Surprises
    5. Resolving Common Issues Between Key Parties
    6. Pre-Closing and Post-Closing Possession
    7. Closing Best Practices, Do's and Dont's
    8. Post-Closing Duties
  6. Commercial Leases - Negotiating Key Provisions for Different Types of Property (Retail, Restaurant, Office, Industrial, Etc.)
    3:00 - 4:00, William G. Hardwick II
    1. Due Diligence With Respect to Leased Properties
    2. Term and Renewal Options
    3. Rent Structures
    4. Liability, Indemnification and Insurance
    5. Exclusive Use
    6. Landlord's Representations and Warranties
    7. Utilities, CAM Charges, Maintenance, Repair, Etc.
    8. Build-Out Provisions and Other Facility Issues
    9. Default Remedies and Other Key Provisions
    10. Negotiating Estoppel Provisions and Subordination, Non-Disturbance and Attornment Agreements (SNDAs)
  7. What Happens to Leases, Loans and Contracts if a Party Goes Bankrupt?
    4:00 - 4:30, John E. Dunlap

JOHN E. DUNLAP is a sole practitioner in Memphis, where he is board-certified by the Tennessee Continuing Legal Education and Specialization Commission in consumer bankruptcy. His main areas of practice include bankruptcy, workers' compensation, personal injury, ERISA litigation, and Social Security disability. Mr. Dunlap has spoken on consumer bankruptcy and workers' compensation, as well as having spoken for a company called SCES, Sterling Education Services, and for the Memphis Bar Association. He is admitted to practice before the Sixth Circuit Court of Appeals and the United States Supreme Court. Mr. Dunlap is a member of the Memphis and American bar associations, as well as the National Association of Consumer Bankruptcy Attorneys. He earned his B.A. degree from the University of Tennessee at Knoxville and his J.D. degree from the University of Memphis.

WILLIAM G. HARDWICK II is a sole practitioner in Memphis, Tennessee, where his main area of practice is general civil practice. Mr. Hardwick previously taught at the Memphis School of Law (legal writing). He is a member of the Memphis and Tennessee bar associations. Mr. Hardwick earned his B.A. degree, with honors, from Rhodes College and his J.D. degree from the University of Memphis.

ANITA I. LOTZ is a member of the Memphis law firm of Farris Bobango PLC, where her areas of practice include commercial lending, real estate transactions, title law, foreclosures and financial institutions regulatory law. Ms. Lotz has spoken for various business and professional organizations on a variety of foreclosure and commercial lending issues. She is a member of the Memphis, Tennessee and American (member, Business Law Section) bar associations; and the Association of Women Attorneys. Ms. Lotz earned her B.A. degree from Northwestern University and her J.D. degree from Boston University.

J. DAVID WICKER is a member of Stites & Harrison PLLC, in their Nashville, Tennessee office. Mr. Wicker’s practice includes all aspects pertaining to the development, acquisition, sale and financing of commercial real estate. He represents owners, developers, lenders and other participants in a wide array of real estate transactions. Mr. Wicker’s practice also involves providing guidance on corporate and commercial transactions, forming and modifying business entities and joint ventures, and the documentation of syndicated credit facilities, asset-based loans, real estate financing and the extension of credit to various types of businesses. He graduated with his B.A. degree from Southern Methodist University and he earned his J.D. degree from Southern Methodist University Law School. Mr. Wicker is a member of the American Bar Association (Business Law and Real Property, Trust and Estate Law sections), the Tennessee Bar Association (Real Estate Law Section, Executive Council), the Nashville Bar Association, the National Association of Industrial and Office Properties (NAIOP) and the Urban Land Institute (ULI).

RANDALL B. WOMACK is a member in the Memphis firm of Glankler Brown, PLLC, practicing primarily in the area of environmental law and litigation. Mr. Womack has counseled corporations and other entities regarding the requirements of federal, state and local environmental laws in such areas as release reporting, storm water permitting requirements, underground storage tanks, RCRA compliance, and brownfield redevelopment. He also has represented corporations and other entities in enforcement actions initiated by governmental authorities and other entities asserting liability under environmental laws, including liability under federal and state Superfund statutes. Mr. Womack earned his B.S. degree from Middle Tennessee State University, and his M.B.A. and J.D. degrees from the University of Memphis. He is a member of the Memphis (Real Estate/Environmental Law Section), Tennessee (Environmental Law Section) and American (Section of Environment, Energy and Resources) bar associations. Mr. Womack is a member of the House of Delegates of the Tennessee Bar Association.

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

TN CLE: 6.00 Pending Credit Approval
CLE credit on this course has been applied for to the Tennessee Commission on Continuing Legal Education.


International Association for Continuing Education Training

N IACET: 0.60
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 0.6 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, attendee will be able to: 1. State three key clauses of commercial leases. 2. State what the letter of intent must include. 3. Describe the purpose of a closing checklist in a commercial real estate closing. 4. Explain the purpose of a title search in commercial real estate transactions. 5. List two of the different finance options for commercial real estate projects. 6. List environmental insurance coverage options. 7. Explain what happens to a loan if a party in a real estate transaction goes bankrupt.

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Questions


How To Order

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702