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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.


  1. Conducting Real Estate Due Diligence
    9:00 - 10:00, Kara L. Stachel
    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
    10:15 - 11:15, Ray Garcia
    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, Anna H. Long
    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. Additional Considerations for Buying and Selling Commercial Real Estate
    1:15 - 2:15, Michael J. Posner
    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, Michael J. Posner
    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. Commercial Real Estate Financing Essentials
    3:30 - 4:30, Michael J. Posner
    1. The Mechanics of Loan Documentation
    2. Personal Guarantees
    3. Cross Collateralization
    4. Security Agreements


  1. Reviewing the Title Commitment
    9:00 - 10:15, Michael Rothman
    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 Rothman
    1. Breaks in Chain of Title
    2. Unresolved Probate Issues
    3. Mortgage-Related Defects
    4. Easements and Encroachments
    5. Wild Deeds
  3. Ethical Considerations
    12:45 - 1:45, Michael Rothman
    1. Applying the Rules of Professional Conduct
    2. Good Faith Required in Real Estate Transactions
    3. Representations of Multiple Clients: Conflicts of Interest
    4. Disclosure of Defects in Property
  4. Handling the Closing: Critical Essentials for Smooth Transactions
    1:45 - 3:00, Kara L. Stachel
    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
  5. Post-Closing Procedures: Tying Up Loose Ends
    3:15 - 4:30, Kara L. Stachel
    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

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